DE MACEDO TERCAS (Migration)

This matter concerned an appeal by Ms. de Macedo Tercas (the applicant) against a decision relating to her Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The dispute centred on the approval of the nomination for the position of Architectural Draftsperson. The decision was made by the Tribunal.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria for the nomination, including that the position must be nominated in an approved application, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration or it must be reasonable to disregard such information, the position must still be available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that the employer's nomination application, initially refused by the Department, had subsequently been approved by the Tribunal on review on 23 August 2023. The Tribunal found that all the requirements of clause 186.223 were met, including that the nomination had not been withdrawn, that any adverse information was reasonable to disregard, that the position remained available, and that the visa application was made within the prescribed timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The application of the second named applicant, who applied as a member of the first applicant's family unit, was also to be determined by reference to the outcome of the first applicant's application.