Lee (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream, for the position of Pet Groomer. The applicant's nomination had initially been refused by the Department, but upon review by the Tribunal, the Department's decision was set aside and a decision to approve the nomination was substituted. The primary issue before the Tribunal was whether the applicants met the criteria under clause 186.223 of the relevant regulations.

The Tribunal was required to determine if the nominated position met the requirements of clause 186.223, which included that the position be the subject of an approved nomination, that the nominator be the prospective employer, that there be no adverse information known to Immigration about the nominator or their associates, that the position remain available, and that the visa application be lodged within six months of the nomination's approval. The Tribunal also considered the specific requirements for nominations made on or after 1 July 2017, which mandated that the nomination identify the applicant in relation to the position.

In its reasoning, the Tribunal found that the nomination had been approved and not withdrawn, and that the nominator, Ms Michelle Lim, director of TMBC LIM Pty Ltd, was the prospective employer. The Tribunal also noted the absence of adverse information concerning Ms Lim or her associates. Furthermore, the Tribunal was satisfied that the position remained available and that the visa application was lodged within the prescribed timeframe following the nomination's approval. Consequently, the Tribunal concluded that clause 186.223(2) and the broader clause 186.223 were met.

The Tribunal determined that the appropriate course of action was to remit the primary visa applicant's application to the Minister for reconsideration of the remaining visa criteria. Similarly, the secondary applicants' visa applications were also remitted for reconsideration. The Tribunal directed that the first named applicant met the criteria under clause 186.223 of Schedule 2 to the Regulations.