Bunyong (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant, identified as a Massage Therapist, had their employer's nomination approved upon review by the Tribunal. The decision under review was remitted for reconsideration.

The primary legal issue before the Tribunal was whether the nomination for the position met the requirements of clause 186.223 of Schedule 2 to the relevant regulations. This clause, as applicable, requires that the nominated position be the subject of an approved nomination application that identifies the visa applicant and that the position was the subject of a declaration made as part of the current visa application.

The Tribunal, in a prior decision (case 1810215), had found that the nominator, Style Thai Beauty and Massage Pty Ltd, met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the delegate's decision to refuse the nomination application and substituted a decision approving it. This satisfied clause 186.223(2). Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for consideration of the remaining visa criteria. The Tribunal directed that the applicant meets criterion cl.186.223(2) for the Subclass 186 visa.