BENZAQUEN FICH (Migration)

This matter concerned an appeal by an applicant for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 (Employer Nomination Scheme) visa. The core dispute revolved around whether the applicant was the subject of an approved nomination as required by the relevant migration regulations. The decision was made by Senior Member Michael Cooke of the Tribunal.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations. This clause outlines several conditions, including that the nominated position must have been approved, not subsequently withdrawn, and that there must be no adverse information known to Immigration about the nominator or associated persons, or that such information could be disregarded. Additionally, the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the nomination by BLACK GOLD CACAO PTY LTD had been approved on 11 March 2021 and that the first named applicant now met all the stipulated requirements under clause 186.223. Having satisfied this criterion, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria necessary for the grant of the Subclass 186 visa.