Aryal (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the Direct Entry stream. The applicant sought review of a decision by the Minister to refuse the visa. The Tribunal, constituted by Mr S Norman, considered the nomination application lodged by the associated nominator, HOSPITALITY COMMERCIAL CLEANING SERVICES PTY LTD.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the position was the subject of an approved nomination application that identified the visa applicant, and if that position was the one declared as part of the current visa application. The delegate had previously refused the nomination application, finding the applicant did not meet clauses 186.223(2) or 186.223.

The Tribunal reasoned that by a separate decision dated 10 May 2021, it had approved the associated nomination application lodged by HOSPITALITY COMMERCIAL CLEANING SERVICES PTY LTD. Consequently, the Tribunal found that the applicant met clause 186.223(2) of the Regulations. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration, directing that the first named applicant meets clause 186.223(2).