Maliya (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) under the Temporary Residence Transition stream. The applicant sought a visa for the position of Restaurant Manager, and the employer's nomination for this position had initially been refused but was subsequently approved by the Tribunal on review. The core dispute revolved around whether the applicant met the criteria for the visa, particularly in relation to the approved nomination.

The Tribunal was required to determine if the applicant met the requirements of clause 186.223 of Schedule 2 to the *Migration Regulations 1994*. This clause outlines several conditions for an approved nomination, including that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons, that the nominated position must still be available to the applicant, and that the visa application must have been made within six months of the nomination's approval. The Tribunal also needed to consider the applications of the second, third, and fourth named applicants, who applied as family members of the first applicant.

The Tribunal found that the nomination made by LVR Management had been approved and not withdrawn, that no adverse information was on record, that the position remained available, and that the visa application was lodged the day after the nomination was approved, thus satisfying the six-month timeframe. Based on these findings, the Tribunal concluded that the first applicant met the requirements of clause 186.223. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, directing that the first applicant had met the specified nomination criteria. The family members' applications would be determined based on the outcome of the first applicant's reconsidered application.