IQBAL (Migration)

The Administrative Appeals Tribunal considered an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The applicant's nominating employer, Oz Dreams Care Pty Ltd, had initially had its nomination for the position of Importer or Exporter refused by the Department. The Tribunal was asked to review this decision.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of the employer's nomination. This clause requires, among other things, that the nominated position is the subject of an approved nomination that identifies the visa applicant, has not been withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination had indeed been approved by the Tribunal on 20 December 2018, setting aside the Department's refusal. As this approval meant the applicant met the requirements of cl.186.223(2), the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The applications of the second, third, fourth, and fifth named visa applicants, who were family members of the primary applicant, were also remitted for full reconsideration.