Bose (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream, for an ICT Customer Support Officer. The applicant sought review of a decision concerning their approved nomination. The Tribunal, constituted by De-Anne Kelly, was tasked with determining whether the applicants met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicants satisfied clause 186.223(2) of the Migration Regulations. This clause, as applicable, required that the nominated position be the subject of an approved nomination, that the nominator be the employer, that the nomination had not been withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons (or such information was reasonable to disregard), that the position remained available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination had been approved and not withdrawn, and that the director of the nominating company, Hi Craft Pty Ltd, had made the nomination and signed the employment contract, confirming they were the prospective employer. No adverse information was presented regarding the company or its director. The Tribunal was satisfied that the position remained available and that the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal concluded that clause 186.223(2) and related criteria were met.

Given these findings, the Tribunal remitted the primary and secondary applicants' visa applications to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met the criteria under cl 186.223 of Schedule 2 to the Regulations.