Honkisz (Migration)

This matter concerned an appeal by Mr Honkisz and Ms Sara Saccon regarding Mr Honkisz's application for a Subclass 186 Employer Nomination Scheme visa. The core dispute revolved around whether Mr Honkisz met the requirements of clause 186.223(2) of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of an employer's nomination. The decision was made by Katie Malyon, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if Mr Honkisz satisfied the criteria under cl.186.223(2) of the Regulations. This clause, as applicable, required that the nominated position be the subject of an approved nomination in the Temporary Residence Transition stream, identifying the visa applicant, and that the nomination had been approved and not withdrawn. Further requirements included the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that on 7 June 2019, it had made an oral decision to set aside the delegate's earlier refusal of the Company's nomination and, in its place, approved the nomination made under r.5.19(3) of the Regulations for the nominated position of Café or Restaurant Manager for Mr Honkisz. Consequently, the Tribunal concluded that Mr Honkisz now met the requirements of cl.186.223(2). As Ms Saccon's application was dependent on Mr Honkisz's, her application would also be determined by the outcome of his.

The Tribunal remitted Mr Honkisz's Subclass 186 visa application to the Minister for reconsideration, with a direction that Mr Honkisz met the criteria under cl.186.223(2) of Schedule 2 to the Regulations. Ms Saccon's application was also remitted for reconsideration in light of the outcome of Mr Honkisz's application.