Conroy (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The applicant sought review of a decision concerning their eligibility, with the primary dispute revolving around whether the applicant was the subject of an approved nomination. The decision was made by Senior Member Michael Cooke of the Tribunal.

The Tribunal was required to determine whether the applicant now met the criteria set out in clause 186.233 of the Migration Regulations 1994. This clause outlines several requirements for an approved nomination, including that the nominated position must be the one subject to the visa application, that the employer who made the nomination is the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that while the nomination was initially refused on 27 October 2017, a subsequent decision on 16 March 2020 approved the nomination. Based on this, the Tribunal concluded that the applicant now met all the criteria stipulated in clause 186.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant satisfies this specific criterion.