Harnden (Migration)

The Administrative Appeals Tribunal considered an application by Harnden concerning a Subclass 186 Employer Nomination (Permanent) (Class EN) visa, specifically the Direct Entry stream. The dispute centred on whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994, which pertains to the nomination of a position.

The Tribunal was required to determine if the nominated position of 'Economist' met the criteria for approval under the relevant regulations, including whether the nominating employer was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant's nominating employer, OCS International Pty Ltd, had applied for approval of the 'Economist' position. Following a review of the Department's initial refusal, the Tribunal had previously set aside that decision and substituted a decision to approve the nomination. The Tribunal was satisfied that the employer was the nominator, the appointment was approved under regulation 5.19, had not been withdrawn, and continued to meet the approval criteria. Furthermore, the Tribunal found the position was still available and the visa application was made within the prescribed timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the requirements of clause 186.233 of Schedule 2 to the Regulations.