Jin (Migration)

The Administrative Appeals Tribunal considered an application by Jin for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The dispute centred on whether the applicant was the subject of an approved nomination for the position of Human Resources Manager.

The Tribunal was required to determine if the applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations. This clause necessitates that the nominated position is still available to the applicant, the nomination has been approved and not withdrawn, and there is no adverse information known to the Department concerning the nominator or associated persons, or that such information can be disregarded.

The Tribunal found that the nomination application, initially refused by the Department, had been reviewed and approved on 16 August 2019. It concluded that the applicant was now the subject of an approved nomination, no adverse information was known to Immigration, the position remained available, and the visa application was made within the prescribed timeframe. Consequently, the Tribunal determined that clause 186.223 was satisfied.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 186.223.