Denis (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 the approval of a nomination for a position as a Massage Therapist. The Tribunal, presided over by Senior Member John Cipolla, was tasked with determining whether the position in question was the subject of an approved nomination.

The central legal issue before the Tribunal was whether the requirements of clause 186.223 of the Migration Regulations 1994 were met, particularly concerning the existence of an approved nomination for the position. This clause, as applicable, stipulated several conditions, including that the position must be nominated, the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration or such information must be disregarded, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal reasoned that while the Department had initially refused the nomination application on 29 March 2016, the Tribunal itself had subsequently approved the nomination on 29 March 2019. Based on this, the Tribunal concluded that the position was indeed the subject of an approved nomination and satisfied the requirements of cl.186.223. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.