Eltawila (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, for the position of Teacher of English to Speakers of Other Languages. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994. This subclause pertains to the nomination of a position for the Direct Entry stream, requiring that the nominated position be the subject of an approved nomination application under specific regulations, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information concerning the nominator or associated persons, that the position remain available, and that the visa application be lodged within six months of the nomination approval.

The Tribunal found that the nominated position, as detailed in the applicant's visa application and associated nomination by Jasmine Education Group Pty Ltd, met the requirements of subclauses 186.233(1)(a) and (1)(b). Furthermore, the Tribunal was satisfied that the nominated position complied with subregulation 5.19(4) as in force after 1 July 2012, and that the nominator, Jasmine Education Group Pty Ltd, was the entity that would employ the applicant. The Tribunal also found that subclause 186.233(2) and (3) were met, including the approval of the nomination application on 22 June 2018.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 186.233 of Schedule 2 to the Regulations.