Gameti (Migration)

This matter concerned applications for Employer Nomination (Permanent) (Class EN) visas, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream, brought before the Tribunal by a primary applicant and two secondary applicants. The central dispute revolved around whether the primary applicant met the criteria under clause 186.223 of Schedule 2 to the Regulations, specifically concerning an approved nomination for a cook position.

The Tribunal was required to determine if the primary applicant satisfied clause 186.223, which necessitates that the nominated position be the subject of an approved nomination identifying the visa applicant, that the nomination has not been withdrawn, that no adverse information is known to Immigration about the nominator or associated persons (or such information can be disregarded), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval. Additionally, the Tribunal needed to consider the eligibility of the secondary applicants, who were family members of the primary applicant.

The Tribunal found that the nomination for the cook position had been approved on 22 December 2020 and had not been subsequently withdrawn. It was further satisfied that the position remained available, the visa application was lodged within the requisite six-month period following the nomination's approval, and no adverse information was known to Immigration concerning the nominator or associated persons. Consequently, the Tribunal concluded that clause 186.223 was met for the primary applicant. The Tribunal also found that the secondary applicants were members of the primary applicant's family unit and had made a combined application.

The Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration. The direction was that the primary applicant met criteria 186.223(2) and 186.223 of Schedule 2 to the Regulations. The secondary applicants' applications were also remitted for further consideration, with the direction that they met the criteria under clause 186.311.