Liu (Migration)

This matter concerned an appeal before the Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) under the Temporary Residence Transition stream. The primary dispute revolved around whether the relevant nomination for the visa applicant had been approved as required by clause 186.223 of the Migration Regulations. The applicant sought to rely on a nomination made by Ausunion Pty Ltd, which had initially been refused by the Department.

The Tribunal was required to determine if the nomination met the criteria set out in clause 186.223. This clause mandates that the nominated position must be the subject of an approved nomination that identifies the visa applicant, has not been withdrawn, and is still available. Furthermore, it requires that there be no adverse information known to Immigration about the nominator or associated persons, or that such information can be disregarded, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominator had applied for review of the Department's refusal to approve the nomination. On review, the Tribunal set aside the Department's decision and substituted a decision approving the nomination on 5 November 2021. Consequently, the Tribunal concluded that the first named applicant met the requirements of clause 186.223(2).

Given this finding, the Tribunal remitted the visa applications for reconsideration. The direction was that the first named applicant meets the criteria under clause 186.223 of Schedule 2 to the Regulations, and the remaining criteria for her visa application should be reconsidered. The application of the second named visa applicant was also remitted for full reconsideration.