Eberle (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, subclass 186 (Employer Nomination Scheme), specifically the Direct Entry stream. The applicant's employer, Manage Protect Pty Ltd, had its nomination application refused by the Department. The employer sought review of this decision before the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position is the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and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 the applicant satisfied clause 186.223. It noted that the Department's initial refusal to approve the nomination had been set aside by a previous AAT decision, which substituted an approval. The Tribunal reviewed the Department's electronic records and found no adverse information concerning the nominator or associated persons. Furthermore, it was satisfied that the nominated position remained available and that the visa application was lodged within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clause 186.223. The Minister was to consider the remaining criteria for the grant of the visa.