Beattie (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The applicant sought review of a decision that had refused their visa application. The Tribunal, presided over by Vanessa Plain, was tasked with determining whether the applicant met the requirements of clause 186.233(3) of the relevant regulations.

The central legal issue was whether the nominated position met the criteria stipulated in clause 186.233, which included requirements such as the nomination being approved, the applicant being identified in the nomination (if made after 1 July 2017), the employer being the nominator, the nomination not being withdrawn, the absence of adverse information concerning the nominator or associated persons (or that such information could be disregarded), the position remaining available, and the visa application being lodged within six months of the nomination's approval.

The Tribunal found that the nominating employer, Resolve Nominees Pty Ltd, had initially had its nomination refused by the Department. However, following a review application by Resolve Nominees Pty Ltd, the Tribunal had previously set aside the Department's decision and substituted a new decision approving the nomination under regulation 5.19. Consequently, the Tribunal concluded that the applicant satisfied clause 186.233(3) of Schedule 2 to the Regulations.

Given these findings, 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 directed that the applicant met the criteria under clause 186.233 of Schedule 2 to the Regulations.