Fernando (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 this visa for the occupation of Software Engineer, based on an approved nomination by ITAAG Group Pty Ltd. The decision was made by Warren Stooke AM of the Tribunal.

The core legal issues before the Tribunal were whether the nominated position met the requirements of the relevant regulations, particularly clause 186.233, and whether the nominating employer satisfied the criteria under clause 186.311. The Tribunal also had to consider the eligibility of the secondary applicant, which was contingent on the primary applicant meeting the visa requirements.

The Tribunal's reasoning focused on assessing the evidence provided by the nominating sponsor, ITAAG Group Pty Ltd, in relation to the nominated Software Engineer position. This included examining the company's registration, its business activities, an organisational chart, employee numbers, and evidence of advertising the position. The Tribunal also considered the applicant's skills assessment, employment contract, and the employer's statements regarding salary payments and the provision of a Fair Work Information Statement. While the Tribunal found that the primary applicant met the criteria under cl.186.233 and cl.186.223, it remitted the applications for reconsideration.

The Tribunal remitted the applications for a Subclass 186 (Employer Nomination Scheme) visa for reconsideration. The direction was that the first named applicant meets the criteria under cl.186.233 and cl.186.223 of Schedule 2 to the Regulations. The application for the secondary applicant was also remitted for reconsideration in accordance with cl.186.311 of Schedule 2 of the Regulations.