Horne (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of a nomination for the visa. The Tribunal, constituted by Jade Murphy, was required to determine whether the applicant was the subject of an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met criterion 186.223 of Schedule 2 to the Migration Regulations 1994. This criterion requires, among other things, that the nominated position is the subject of an approved nomination that identifies the visa applicant, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination lodged by the nominator was initially refused on 27 January 2017. However, following an application for review, the Tribunal made a decision on 28 March 2019 to set aside the delegate's decision and substitute it with a decision approving the relevant nomination. As the nomination had now been approved, the Tribunal concluded that criterion 186.223 was met. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.