GHORI (Migration)

The Administrative Appeals Tribunal considered an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme). The applicant sought review of a decision to refuse their visa application, which had been refused by a delegate of the Minister. The core of the dispute revolved around the applicant's satisfaction of the criteria for the visa, particularly in relation to the nominated position.

The Tribunal was required to determine whether the applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations. This clause, as applicable, necessitates that the nominated position has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination approval. The Tribunal also considered the applicant's submissions regarding personal circumstances, including property purchases and financial commitments, made after the initial refusal.

The Tribunal found that the delegate's refusal was based on a lack of response from the applicant to a request for comments regarding adverse information. However, the Tribunal concluded that the applicant did meet criterion 186.223(2), which relates to the approval of the nomination. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the first applicant be considered to meet criterion 186.223(2).