Bravo (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 (Employer Nomination Scheme) visa. The applicant sought review of a decision concerning their eligibility for this visa, with the nominated position being that of a Chef. The primary dispute revolved around whether the applicant met the criteria stipulated in clause 186.223 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied all the requirements of clause 186.223. This included assessing whether the nominated position was approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and crucially, whether the visa application was lodged no more than six months after the nomination was approved. The Tribunal also had to consider a prior decision in a separate matter, AAT Case 1604808, which had approved the nomination submitted by the sponsor, Windsor Hotel South Perth Pty Ltd.

In its reasoning, the Tribunal found that the nomination had indeed been approved and not subsequently withdrawn, referencing the decision in AAT Case 1604808. It also determined that there was no adverse information known to the Department of Immigration concerning the nominator or associated persons. Furthermore, based on the evidence, including the testimony of the sponsor's general manager, the Tribunal concluded that the nominated position remained available to the applicant. Critically, the Tribunal found that the visa application, lodged on 24 September 2015, was made within six months of the nomination's approval. Consequently, the Tribunal held that clause 186.223 was met.

As a result of these findings, the Tribunal remitted the visa application to the Minister for reconsideration. The Tribunal directed that for the purposes of this reconsideration, the applicant was to be considered as having met the criteria under clause 186.223 of Schedule 2 to the Regulations.