Jones (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision that refused their visa application, which was based on an unapproved nomination for the position of Customer Service Manager. The decision under review was made by Phoebe Dunn, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position had been approved, as required by clause 186.223(2) of Schedule 2 to the Migration Regulations. The Tribunal also considered the broader requirements of clause 186.223, which include the nomination not being withdrawn, the absence of adverse information concerning the nominator, the continued availability of the position, and the timeliness of the visa application relative to the nomination approval.

The Tribunal reasoned that while the initial delegate had refused the nomination, the nominator had subsequently applied for a review of that decision. On review, the Tribunal set aside the refusal and substituted a decision approving the nomination. This approval meant that the requirement under clause 186.223(2) was satisfied. Consequently, the Tribunal found that clause 186.223, in its entirety, was met.

Given these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 186.223(2) of Schedule 2 to the Regulations.