Lasso Gil (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 an approved nomination. The Tribunal, constituted by De-Anne Kelly, was tasked with determining whether the applicants met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicants satisfied clause 186.223(2) of the relevant regulations, which pertains to the approval of a nomination for the visa. This clause requires, among other things, that the nominated position be the subject of an approved nomination, that the nominator be the prospective employer, that there be no adverse information known to Immigration concerning the nominator or associated persons, that the position remains available, and that the visa application be lodged within six months of the nomination's approval.

The Tribunal found that the nomination had been approved and not withdrawn, and that the nominator, Mr. Espinoza, director of MANPOWER BUILDERS PTY. LTD, was also the prospective employer. Furthermore, there was no adverse information known to Immigration regarding Mr. Espinoza or his associates. The most recent employment contract indicated the position remained available, and the visa application was lodged within the prescribed six-month period following the nomination's approval. Consequently, the Tribunal concluded that clause 186.223(2) and clause 186.223 were met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the primary applicant's visa application to the Minister for reconsideration of the remaining criteria. The Tribunal also directed that the secondary applicants' visa applications be remitted to the Minister for consideration.