Bolognesi (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically a Subclass 186 (Employer Nomination Scheme) visa under the Direct Entry stream, for the position of Graphic Designer. The applicant's nominating employer, 360South Pty Ltd, had initially had its nomination refused by the Department. The employer sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the Graphic Designer position met the requirements of clause 186.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria, including that the nominated position must be the subject of an approved nomination application, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, that there must be no adverse information known to Immigration concerning the nominator or associated persons (or such information must be reasonable to disregard), that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal, constituted by Member Mary Sheargold, found that the employer's nomination, which had been refused by the Department, was subsequently approved by the Tribunal on review on 18 February 2022, pursuant to subregulation 5.19(4). As the nomination had been approved, the Tribunal concluded that the applicant met the requirements of clause 186.233(3). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.