Gill (Migration)

This matter concerned an application for review by an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically a Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision made by the Department. The Tribunal, constituted by Antonio Dronjic, considered the matter without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations 1994 (Cth), specifically concerning the approval of the nomination for the position. This clause requires, among other things, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal reasoned that the employer's nomination application, made on 23 October 2017, was initially refused by the Department on 21 June 2018. However, the employer sought review of this refusal, and on 8 September 2020, the Tribunal set aside the Department's decision and substituted it with a decision approving the nomination. Consequently, the Tribunal found that clause 186.223(2) of the Regulations was satisfied.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for the Subclass 186 visa. The Tribunal directed that the applicant be taken to meet criterion 186.223(2).