JU (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant, Ms Mihyun Ju, sought review of a decision to refuse her visa application, which followed the refusal of her employer's nomination for the position of Interior Designer. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of cl.186.223 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nomination for the position of Interior Designer met the criteria stipulated in cl.186.223. This involved assessing whether the nominated position was the subject of an approved nomination that had not been withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa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 nominating employer, Mokishide Pty Ltd, had its nomination for the Interior Designer position approved by the Tribunal on 1 April 2020, and this approval had not been withdrawn. It was satisfied that no adverse information was known to Immigration regarding the nominator or associated persons, that the position remained available to the applicant, and that the visa application was made within the prescribed six-month timeframe. Consequently, the Tribunal concluded that the requirements of cl.186.223 were met.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under cl.186.223 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.