Amin (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), brought before the Tribunal by the applicant, Amin. The dispute arose from the Department's refusal to approve the nomination of a position by the applicant's sponsoring employer, Nina Corporation Pty Ltd. The Tribunal, constituted by Member Nicola Findson, was required to review this refusal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the relevant regulations. This clause mandates that the position nominated must be the subject of an approved nomination application that identifies the visa applicant, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 186.223. It noted that the Tribunal had previously set aside the Department's refusal and substituted a decision to approve the nomination. The Tribunal was satisfied, based on the evidence, that the nominated position met the specified criteria, including being identified in an application seeking approval under subregulation 5.19(3), relating to the applicant as a Subclass 457 visa holder, and having the required declaration made. Furthermore, the Tribunal confirmed that the nomination was approved, not withdrawn, the position remained available, the visa application was lodged within the time limit, and no adverse information was known to Immigration.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met the requirements of clause 186.223.