Kokkelkoren (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Direct Entry stream. The applicant's nomination for the position of Sales Representative (Industrial Products) had been refused by the Department. The nominating employer, The Trustee for the Dotmar PBE Unit Trust, represented by its State Manager, applied to the Administrative Appeals Tribunal for a review of this decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations, which pertains to the nomination of a position. This clause, as applicable, required that the nominated position be the subject of an approved nomination in the Direct Entry stream, that the nominator be the prospective employer, that the nomination had not been withdrawn, that there was no adverse information known to Immigration concerning the nominator or associated persons, that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominated position was indeed the subject of an application for approval in the Direct Entry stream and that the visa application declaration was consistent with this. It was established that the State Manager of the nominating employer had made the nomination and signed the employment contract, confirming he was both the nominator and the prospective employer. The Tribunal noted that the Department's refusal had been set aside and the nomination approved by the Tribunal itself, and that this approval had not been withdrawn. Furthermore, no adverse information regarding the nominator or associates was presented, the employment contract indicated the position remained available, and the visa application was lodged within the six-month timeframe after the nomination's approval.

Consequently, the Tribunal concluded that the applicant met the criteria under clause 186.233. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant had satisfied the nomination requirements.