CAMARGOS DE MEIRELES (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought this visa for a nominated position as a public relations professional. The core of the dispute revolved around the approval of the sponsor's nomination application.

The Tribunal was required to determine whether the applicant met the criteria for the visa, particularly clause 186.223 of Schedule 2 to the Migration Regulations. This clause mandates that for the Temporary Residence Transition stream, the nominated position must have been approved, the applicant identified as the relevant Subclass 457 visa holder, and the position must be the one declared in the current visa application. Further, the nomination must have been approved and not withdrawn, with no adverse information known to the Department about the nominator or associated persons, the position must remain available to the applicant, and the visa application must have been made within six months of the nomination approval.

The Tribunal reasoned that the Department's previous decision to refuse the nomination application had been set aside, and a new decision had been made approving the nomination. The evidence indicated that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal found that the applicant met the criteria under clause 186.223.

The Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration. It directed that the first named applicant meets the criteria under clause 186.223 for a Subclass 186 visa. The applications of the second named applicants, who applied as family unit members, were also remitted for full reconsideration in light of this finding.