LUO (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of a nomination made by Goodsmile Australia Pty Ltd. The case was heard by R. Skaros.

The primary legal issue before the Tribunal was whether the relevant employer nomination had been approved, as required by clause 186.223(2) of Schedule 2 to the Migration Regulations. This clause mandates that the position nominated must be one in respect of which the Minister has approved the nomination, and that the applicant must have been identified in that nomination as a Subclass 457 visa holder.

The Tribunal noted that the Department had initially refused the employer nomination. However, on review, the Tribunal had set aside the Department's decision and substituted a decision approving the nomination on 24 January 2019. Consequently, the Tribunal found that the applicant now met the criterion in clause 186.223(2).

The Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets the criterion specified in clause 186.223(2) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the grant of the visa.