Lodygensky (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, a carpenter, was the subject of an approved position nomination. The dispute arose from the refusal of the applicant's related nomination application, which was subsequently set aside on review by the Tribunal. The Tribunal, constituted by C. Packer, was tasked with reconsidering the application.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 186.223(2) of Schedule 2 to the Migration Regulations 1994. This clause requires that the position to which the visa application relates must be the subject of an approved nomination that identifies the visa applicant and is made in relation to a Temporary Residence Transition stream. The Tribunal also needed to determine the appropriate course of action given its findings on this criterion.

The Tribunal reasoned that a prior decision in case 1909054 had approved the nomination by Skilled Carpenters Services Pty Ltd on 9 June 2022. Consequently, the Tribunal concluded that clause 186.223(2) was satisfied. Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria for the Subclass 186 visa. The Tribunal directed that the applicant be considered to meet criterion 186.223(2).