Genc (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant was identified as a Production Manager Manufacturing, and the core of the dispute revolved around the approval of the employer's nomination for this position. The decision was made by C. Packer of the Tribunal.

The primary legal issue before the Tribunal was whether the nominator, Turkish Bakeries (Australia) Pty Ltd, met the requirements of regulation 5.19 for the approval of the nomination, specifically in relation to clause 186.223(2) of Schedule 2 to the Regulations. This clause requires that the Minister has approved the nomination.

The Tribunal reasoned that a previous decision in Tribunal case 1728944, made on 21 September 2020, had already found that the nominator met the requirements of regulation 5.19 and had set aside a delegate's decision to refuse the nomination. The Tribunal substituted a decision approving the nomination, thereby satisfying clause 186.223(2). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.