LEE (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 Temporary Residence Transition stream, made by a Dental Technician. The applicant's employer, White’s Dental Laboratories Pty Ltd, had sought approval for the nominated position. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, particularly clause 186.223 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was whether the nomination for the Dental Technician position met all the requirements of clause 186.223. This clause mandates that the nominated position must be the subject of an approved nomination application that identifies the visa applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant satisfied clause 186.223. It noted that the employer's nomination application was initially refused but subsequently approved by the Tribunal on 21 September 2020. The Tribunal was satisfied, based on departmental records, that the employer was White’s Dental Laboratories Pty Ltd, the nomination was approved and not withdrawn, no adverse information was known to Immigration, the position remained available, and the visa application was made within the prescribed six-month period after the nomination approval. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, directing that the applicant met clause 186.223.