Guo (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream, for a position as a Massage Therapist. The applicant sought review of a decision concerning their nomination. The Tribunal, constituted by Terrence Baxter, was required to determine whether the nomination for the applicant's position had been approved.

The primary legal issue before the Tribunal was whether the applicant met criterion 186.223 of Schedule 2 to the Regulations, which pertains to the approval of a nomination for the Temporary Residence Transition stream. This criterion requires, among other things, that the nomination has been approved, has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa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's approval.

The Tribunal found that the nominator had applied to have the position of Massage Therapist approved with the applicant as the nominee. Although this nomination was initially refused, the Tribunal, on review, set aside the refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that criterion 186.223(2) was met. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria, noting that the second applicant, who applied as a member of the family unit, would also have their application determined upon remittal.