Deol (Migration)

The Administrative Appeals Tribunal considered an appeal concerning an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The applicant sought this visa based on a nomination made by CK Workforce Pty Ltd. The core dispute revolved around whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994, which governs the approval of nominations for this visa subclass.

The Tribunal was required to determine if the applicant satisfied the criteria under clause 186.223, which includes that the nominated position must be the subject of an approved nomination identifying the visa applicant, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval. A key factual element was that the Department had initially refused the employer nomination, but this decision was later set aside by the Tribunal, which then substituted a decision approving the nomination.

The Tribunal reasoned that because the employer nomination in question had ultimately been approved by the Tribunal, the applicant met the requirements of clause 186.223(2). Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister. This reconsideration was to include an assessment of the remaining criteria for the first named applicant, as well as a full reconsideration of the applications for the second, third, and fourth named visa applicants. The Tribunal directed that the first named applicant met the criteria under clause 186.223(2).