Mangayao (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) visa under the Temporary Residence Transition stream. The primary applicant sought review of a decision concerning their eligibility for this visa, with secondary applicants also involved as family unit members.

The central legal issue before the Tribunal was whether the primary applicant was the subject of an approved nomination and whether the requirements of regulation 186.223 of the Migration Regulations 1994 were met. This regulation outlines several conditions, including that the nominated position must be approved, not withdrawn, that there must be no adverse information concerning the nominator or associated persons (or such information must be reasonably disregarded), that the position must remain available to the applicant, and that the visa application must be lodged within six months of the nomination's approval.

The Tribunal reasoned that the evidence demonstrated the nomination application, approved on 7 April 2020, had not been withdrawn and that the position of Welder (First-Class) remained available to the applicant under their current employment contract. Furthermore, the Tribunal was satisfied that no adverse information was known to Immigration regarding the nominator or associated persons, and that the visa application was made within the prescribed six-month timeframe. Consequently, the Tribunal found that clause 186.223 was satisfied.

Given these findings, the Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration. The Tribunal directed that the primary applicant met the criteria under cl.186.223, and that the applications by the secondary applicants should also be remitted for further consideration in accordance with cl.186.311.