Hawkins (Migration)

This matter concerned an application for an Employer Nomination (Permanent) visa (Subclass 186) by an applicant whose employer, Sally Hawkins Pty Ltd, had sought approval for a nominated position. The applicant sought review of a decision by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994, which pertains to the nominated position for applicants in the Direct Entry stream. This clause requires, among other things, that the nominated position be approved, that the employer be the nominator, that there be no adverse information known to the Department, that the position remains available, and that the visa application be made within six months of the nomination approval.

The Tribunal found that the nominated position had been approved by the Tribunal on 28 September 2018, after an initial refusal by the Department. The Tribunal was satisfied that the employer was the nominator, the nomination had been approved and not withdrawn, there was no adverse information known to Immigration, the position remained available, and the visa application was made within the requisite six-month period following the nomination approval.

Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 186.233.