Comer (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant sought review of a decision by the Administrative Appeals Tribunal (the Tribunal).

The primary legal issue before the Tribunal was whether the applicant had an approved nominating sponsor and a position in which they were to be engaged in employment, as required by clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause necessitates that the nominated position be the subject of an approved nomination application that identifies the visa applicant, and that the nomination has been approved and not subsequently withdrawn. Further requirements include the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that on 19 March 2020, it had approved the nomination in respect of the applicant made by their employer, DBER Pty Ltd. Consequently, the Tribunal concluded that the applicant met the criteria under cl.186.223 of the Regulations.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the specified criteria for the Subclass 186 visa.