Ahmed (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision by the delegate to refuse the visa. The primary dispute revolved around whether the applicant was the subject of an approved nomination made by Lolita Petroleum Sales (Villawood) Pty Ltd trading as Apex Petroleum Villawood.

The court was required to determine whether the applicant met criterion cl.186.223 of Schedule 2 to the Regulations, which outlines the requirements for an approved nomination in the Temporary Residence Transition stream. This criterion necessitates that the nominated position be the subject of an application for approval, that the employer who made the nomination is the one who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information can be disregarded), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval. The court also considered the criteria for the secondary applicant, specifically cl.186.311.

The Tribunal found that the nomination by Lolita Petroleum Sales (Villawood) Pty Ltd trading as Apex Petroleum Villawood for the occupation of Accountant (General) had been approved. Based on this finding, the Tribunal was satisfied that the primary applicant met cl.186.223 and that the secondary applicant met cl.186.311. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets these specified criteria.