The Federal Court confirmed that where an employer's nomination under cl 186.223 of Schedule 2 to the Migration Regulations 1994 has been refused and no other approved nomination exists, the Tribunal has no choice but to refuse the associated Employer Nomination (subclass 186) visa application, and remittal would be futile. The Court also confirmed that s 36 of the Migration Act (protection visa criteria) has no relevance to subclass 186 visa applications, and that s 65 required refusal where the prescribed criteria were not met due to the absence of an approved nomination.
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