LONOCE (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of Subclass 186. The applicant sought review of a decision concerning the approval of their employer's nomination. The case was heard by Lilly Mojsin, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause mandates that for the Temporary Residence Transition stream, the nominated position must have been approved, the applicant identified as the relevant visa holder in the nomination, and the nomination must not have been withdrawn, with no adverse information known to the Department, among other conditions. The applicant's employer, Cocomil Pty Ltd, had its nomination initially refused by the Department.

The Tribunal found that the applicant had been identified in the nomination as the relevant Subclass 457 visa holder, and the position was the one subject to the visa application. Crucially, the Tribunal set aside the Department's refusal and substituted a decision to approve the nomination. As the nomination was now approved, the Tribunal concluded that the applicant met the criterion under cl.186.223(2). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.