YOU (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant sought review of a decision not to approve a nomination made by PY Green Health Pty Ltd. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 186.223 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223, which requires, among other things, that the nomination for the position has been approved and has not been subsequently withdrawn. The Tribunal also considered whether to defer the review pending the outcome of a judicial review concerning the nomination itself.

The Tribunal reasoned that as the nomination made by PY Green Health Pty Ltd had been refused on 17 June 2020, the applicant could not satisfy clause 186.223(2), which mandates that the Minister has approved the nomination. The Tribunal had previously notified the applicant of this issue and invited comments, which were not provided in a manner that demonstrated an approved nomination. Furthermore, the Tribunal determined that deferring the review pending the outcome of a judicial review would not align with the AAT Act's objective of providing a fair, just, economical, informal, and quick review mechanism.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa.