Azadian (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 (Employer Nomination Scheme) visa. The primary applicant, Mr Paul Azadian, sought to have his visa application considered, following a refusal by the Department of Immigration to approve the nomination made by his prospective employer, Austral Air Conditioning Services Pty Ltd, for the position of Mechanical Engineer. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the decision regarding the nomination.

The central legal issue before the Tribunal was whether Mr Azadian met the requirements of clause 186.223 of the Migration Regulations 1994. This clause outlines several conditions for the approval of an employer nomination, including that the nominated position must be the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information can be disregarded), that the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 Tribunal found that the requirements of clause 186.223 were met. It noted that the nominating employer, Austral Air Conditioning Services Pty Ltd, had its nomination for the Mechanical Engineer position approved by the Tribunal on 28 May 2019, setting aside the Department's earlier refusal. The Tribunal was satisfied that the nominator was the prospective employer, the nomination had been approved and not withdrawn, no adverse information was known or could be disregarded, the position remained available, and the visa application was made concurrently with the nomination, thus satisfying the time limit.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that Mr Azadian met the criteria under clause 186.223. The Minister was then to consider the remaining criteria for the grant of the Subclass 186 visa.