Jeon (Migration)

This matter concerned an appeal by Mr Jeon regarding a decision by the Department of Immigration to refuse his Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream. The Administrative Appeals Tribunal (AAT) was required to determine whether the criteria for an approved nomination under clause 186.223 of Schedule 2 to the Migration Regulations 1994 were met.

The Tribunal was tasked with assessing whether the nominated position was the subject of an approved nomination that identified the visa applicant, had not been withdrawn, and where no adverse information was known to Immigration or could be reasonably disregarded. Additionally, the Tribunal had to consider whether 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 nominated position of Wholesale Manager was indeed the subject of a nomination application. Crucially, the Tribunal reviewed and set aside the Department's previous refusal of the nomination, substituting it with a decision to approve the nomination. Evidence from the business owner indicated the nomination had not been withdrawn and the position remained available. The Tribunal was satisfied that no adverse information was known to Immigration, and the visa application was lodged on the same day as the nomination application, thus meeting the time limit.

Consequently, the Tribunal remitted Mr Jeon's visa application, along with that of a secondary applicant, to the Minister for reconsideration. The Tribunal directed that Mr Jeon met the criteria under clause 186.223 for the Subclass 186 visa.