DAWADI (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 was a cook, and the application was before the Administrative Appeals Tribunal (AAT) for review.

The primary legal issue before the Tribunal was whether the applicant met criterion 186.223 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination of a position. This criterion requires, among other things, that the nomination has been approved and has not been subsequently withdrawn, and that the visa application was made no more than six months after the nomination was approved.

The Tribunal noted that the nomination application lodged by SASMAN GROUP PTY LTD was initially refused on 18 July 2017. As a result, at the time of the delegate's decision, criterion 186.223(3) was not met. However, the Tribunal found that the related nomination approval application was subsequently approved on 27 February 2020 by a prior Tribunal decision. Given this subsequent approval, the Tribunal determined that criterion 186.223(2) was now met.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant meets criterion 186.223(2) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.