Ferreira Lial (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically under the Temporary Residence Transition stream. The applicant, Ivone Ferreira Lial, had her visa application refused because the nomination of her position by the employer, Spotpress Pty Ltd, was initially refused by the Department of Immigration. The employer subsequently sought review of this refusal by the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions for the nominated position, including that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be disregarded), that the position must still be available to the applicant, and that the visa application must have been made no more than six months after the nomination was approved.

The Tribunal found that all the requirements of clause 186.223 were met. It noted that the employer, Spotpress Pty Ltd, had nominated the applicant for the position of Management Consultant, and this nomination had been approved by the Tribunal on review, and had not been withdrawn. The Tribunal was satisfied that there was no adverse information concerning the nominator and that the position remained available. Crucially, the visa application was made on 14 February 2017, which was within six months of the nomination's 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.