Gill (Migration)

The Administrative Appeals Tribunal considered the applications of a primary applicant and two secondary applicants for Employer Nomination (Permanent) (Class EN) visas, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The dispute centred on whether the primary applicant met the criteria for the visa, particularly concerning an approved nomination for the position of Cook.

The Tribunal was required to determine if the primary applicant satisfied clause 186.223 of the Migration Regulations 1994. This clause mandates that the nominated position must have been approved, not subsequently withdrawn, and that there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be disregarded. Additionally, the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval. The Tribunal also needed to consider the eligibility of the secondary applicants, who are family members of the primary applicant.

The Tribunal reasoned that on 18 May 2020, it had remitted the nomination application to the Department with a direction that the nominator met the regulatory requirements. Based on this prior decision and the available information, the Tribunal found that the nomination application identified the visa applicant, had not been withdrawn, and that no adverse information was known. Furthermore, the Tribunal was satisfied that the position of Cook remained available to the applicant and that the visa application was made within the prescribed timeframe. Consequently, the Tribunal concluded that clause 186.223 was met for the primary applicant.

The Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration. It directed that the primary applicant meets the criteria in clause 186.223(2) and 186.223 of Schedule 2 to the Regulations. The applications by the secondary applicants were also remitted for reconsideration, with a direction that they be considered in light of the remaining criteria.