Golan Orr (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Direct Entry stream, for an Accountant (General). The applicant sought review of a decision concerning their approved nomination. The Tribunal was required to determine whether the applicant met the requirements of cl.186.233(3) and was the subject of an approved nomination application.

The central legal issue was the interpretation and application of cl.186.233, which sets out the criteria for a nominated position in the Direct Entry stream. This included requirements that the position be nominated by the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration or that such information be disregarded, that the position remain available, and that the visa application be made within six months of the nomination's approval. The Tribunal also considered whether secondary applicants met the criteria for family unit members.

The Tribunal found that the applicant met the requirements of cl.186.233(3) because the nomination had been approved by the Tribunal on 20 March 2020, and all subsequent conditions, including the employer being the nominator, the position's availability, and the timely visa application, were satisfied. The Tribunal was also satisfied that the secondary applicants met cl.186.311 as family unit members of the primary applicant who met the visa criteria.

Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the primary applicant met cl.186.233 and the secondary applicants met cl.186.311. The Minister was to consider the remaining criteria for the grant of the visa.