Kaur (Migration)

The Administrative Appeals Tribunal considered the matter of an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility for this visa.

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 need for an approved nomination. This clause requires that for the Temporary Residence Transition stream, the position must be the subject of an approved nomination, the applicant must have been identified in that nomination as a relevant Subclass 457 visa holder, and the nomination must have been approved and not subsequently withdrawn.

The Tribunal reasoned that the applicant's nominating employer, Telugu Ruchulu Pty Ltd, had initially applied for approval of a nomination for the applicant. Although the Department refused this nomination, the Tribunal had previously set aside that decision and substituted a decision to approve the nomination. As this approval had been granted and not withdrawn, the Tribunal concluded that the applicant met the requirements of clause 186.223(2). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the applicant meets this specific criterion. The applications of the second and third named visa applicants, who were family members of the primary applicant, were also remitted for full reconsideration.