KINGSTON (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The applicant sought review of a decision concerning an approved nomination for a naturopath position. The Tribunal, constituted by Senior Member Michael Cooke, was required to determine whether the applicant was the subject of an approved nomination.

The central legal issue was whether the applicant met the criteria under clause 186.233 of Schedule 2 to the Regulations, which governs the nomination requirements for this visa subclass. This clause mandates that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that while the Department had initially refused the nomination on 8 September 2017, the nomination was subsequently approved by the Tribunal on 16 July 2019. This subsequent approval meant that clause 186.233(3) was now satisfied. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met the criteria under clause 186.233.