Madurapperumage (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream, for the nominated position of hairdresser. The applicant's nominating employer, Esprit Hair Pty Ltd, had its initial application to approve the nomination refused by the Department. The employer sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 186.223 of Schedule 2 to the Regulations. This clause, as applicable, requires that the nomination has been approved, has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that on 9 April 2019, it had set aside the Department's refusal and substituted a decision to approve the nomination under subregulation 5.19(3). As the relevant nomination had been approved, the Tribunal concluded that the applicant met the requirements of clause 186.223(2). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The applications of the second, third, and fourth named visa applicants, who were family members of the primary applicant, were also remitted for full reconsideration.