Carter-Johnson (Migration)

This matter concerned 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 the approval of a nomination made by MURU MUSIC PTY LTD. The case was heard by Susan Reece Jones of the Tribunal.

The primary legal issue before the Tribunal was whether the relevant nomination for the applicant's visa had been approved, as required by clause 186.223(2) of Schedule 2 to the Regulations. This clause mandates that the nomination must have been approved, not subsequently withdrawn, and that certain conditions regarding adverse information, position availability, and the timing of the visa application relative to the nomination approval must be met.

The Tribunal reasoned that the applicant's employer nomination, initially refused by the Department, had subsequently been approved by the Tribunal on review on 14 October 2020. Given this approval, and finding that the other conditions under clause 186.223(2) were satisfied, including the absence of adverse information, the continued availability of the position, and the timely visa application, the Tribunal concluded that the applicant met this specific criterion.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the Subclass 186 visa, with a direction that the applicant had met the requirements of clause 186.223(2).