Malawara Arachchige (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream. The applicant was a Motor Mechanic, and the employer's nomination for the position had been approved by the Tribunal. The decision under review was made by the Tribunal itself.

The primary legal issue before the Tribunal was whether the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994 had been met, particularly subclause (2) which stipulates that "The Minister has approved the nomination." The Tribunal was required to determine if the nomination, previously approved by the Tribunal in a separate proceeding, satisfied this criterion.

The Tribunal reasoned that in a prior decision (Tribunal case 1819501), it had found that the nominator, Northern Fleet Pty Ltd ATF Delgama Family Trust, met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal had set aside the delegate's decision to refuse the nomination and substituted a decision approving it. Therefore, the Tribunal concluded that clause 186.223(2) was satisfied.

Given that clause 186.223(2) was met, the Tribunal remitted the visa applications for reconsideration by the Minister. The direction was that the first named applicant met this specific criterion for the Subclass 186 visa, allowing the Minister to consider the remaining eligibility requirements.