Boros (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223, which outlines criteria for the nominated position and the approval of the nomination. Specifically, the Tribunal had to consider whether the nominated position was approved, had not been withdrawn, whether there was any adverse information concerning the nominator, if the position remained available, and if the visa application was made within the prescribed timeframe after nomination approval. The Tribunal also had to consider the status of a second visa applicant.

The Tribunal reasoned that the applicant met the requirements of clause 186.223(2) because the employer's nomination, initially refused by the Department, had subsequently been approved by the Tribunal on 30 June 2020. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister, allowing for the assessment of the remaining criteria for the first applicant and a full reconsideration of the second applicant's application.