KIM (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The applicant sought review of a decision concerning their visa application, which was before the Tribunal.

The central legal issue before the Tribunal was whether the relevant nomination for the applicant's visa had been approved, as required by clause 186.223(2) of Schedule 2 to the Migration Regulations. This clause mandates that the nomination must have been approved by the Minister. The applicant's initial nomination had been refused by the Department, leading to an application for review by the nominator.

The Tribunal reasoned that the nominator had applied for review of the Department's refusal to approve the nomination. On 9 April 2019, the Tribunal had set aside the Department's decision and substituted its own decision, approving the nomination. Consequently, the Tribunal found that the applicant now met the criterion in clause 186.223(2). The Tribunal therefore remitted the visa application to the Minister for reconsideration of the remaining criteria, directing that the applicant be considered to have met clause 186.223(2).