Lacson (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of a nomination made by N T Lacson and R Lacson. The case was heard by Member Denise Connolly of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 186.223 of the Migration Regulations 1994, particularly concerning the approval of the employer's nomination. This clause requires that the nomination has been approved, has not been withdrawn, and that there is no adverse information known to Immigration about the nominator or associated persons, or that such information can be disregarded. Additionally, the position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal noted that the Department had initially refused the employer nomination. However, on review, the Tribunal set aside the Department's decision and substituted a decision to approve the nomination. As a consequence of this approval, the Tribunal found that the applicant met the requirement of clause 186.223(2). Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for consideration of the remaining eligibility criteria.