Bell (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 concerning the nomination for the position of Technical Sales Representative. The Tribunal, constituted by Susan Reece Jones, was required to determine whether the applicant met the requirements of clause 186.223 of the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position had been approved and met the other stipulated criteria under clause 186.223. This clause requires, among other things, that the nominated position is the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to Immigration concerning the nominator or associated persons (or such information is reasonable to disregard), 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 reasoned that the applicant's employer nomination, initially refused by the Department, was subsequently approved by the Tribunal on 30 October 2020. This approval meant that the applicant satisfied the requirement under cl.186.223(2). The Tribunal also found that other conditions, including the absence of adverse information, the availability of the position, and the timing of the visa application relative to the nomination approval, were met. Consequently, the Tribunal remitted the visa applications for reconsideration, directing that the first named applicant met the criteria under cl.186.223(2), and that the remaining criteria for all named applicants should be reconsidered.