Manan (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the temporary residence transition stream. The primary dispute concerned the refusal of the applicant's related nomination application, which had been set aside on review by the Tribunal.

The legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of the Migration Regulations, specifically concerning the nominated position. This clause requires, among other things, that the nomination has been approved and not withdrawn, that there is no adverse information about the nominator or associated persons, that the position remains available to the applicant, and that the visa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 the applicant's employer nomination, initially refused by the Department, had subsequently been approved by the Tribunal on 24 July 2020. Given this approval, and based on the evidence presented, the Tribunal was satisfied that the applicant met all the criteria stipulated in clause 186.223. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant meets the requirements of clause 186.223. The outcome for the second and third named applicants, who applied as members of the first applicant's family unit, is dependent on the reconsideration of the primary applicant's visa application.