Maggio (Migration)

This matter concerned an appeal by the applicant, Mr. Maggio, against a decision concerning his Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Direct Entry stream. The dispute centred on whether the applicant met the requirements of clause 186.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nomination of the position of Restaurant Manager. The decision was made by P. Maishman of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied all the criteria stipulated in clause 186.233. This clause requires, among other things, that the nominated position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, and that the position remains available to the applicant. The Tribunal also considered the timing of the visa application in relation to the nomination approval.

The Tribunal found that the applicant's nomination by Lamonts City Pty Ltd for the Restaurant Manager position met the requirements of clause 186.233. It noted that the nomination had been approved by the Tribunal on 30 August 2022, setting aside a prior refusal by the Department. The Tribunal was satisfied that the nomination had not been withdrawn, the position remained available to the applicant, and the visa application was lodged within six months of the nomination's approval. Furthermore, no adverse information was known to Immigration regarding the nominator or associated persons.

Consequently, the Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration. The Tribunal directed that the first named applicant, Mr. Maggio, meets the criteria under clause 186.233. The application of the second named applicant, who applied as a member of Mr. Maggio's family unit, was also remitted for reconsideration in accordance with this direction.