Espiritu (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision concerning their visa application, which was before the Tribunal.

The primary legal issue before the Tribunal was whether the relevant employer nomination had been approved, as required by clause 186.223(2) of Schedule 2 to the Migration Regulations. This criterion stipulated that the position nominated must be one in relation to which the applicant was identified as a Subclass 457 visa holder, and crucially, that the nomination itself must have been approved by the Minister.

The Tribunal found that the employer nomination made by Parker’s Organic Juices Pty Ltd, in which the applicant was identified, had initially been refused by the Department. However, on review, the Tribunal had set aside the Department's decision and substituted an approval of the nomination on 6 March 2019. Consequently, the Tribunal concluded that the applicant met the requirement of clause 186.223(2).

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant met the criterion under clause 186.223(2). The Minister was to consider the remaining criteria for the grant of the visa.