Markogiannaki (Migration)

The Administrative Appeals Tribunal, constituted by Member Cathrine Burnett-Wake, considered an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 Employer Nomination Scheme. The dispute concerned whether the applicant's nomination for the position of Marketing Specialist by Weteachme Pty Ltd had been validly approved.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223(2) of Schedule 2 to the Regulations, which pertains to the Temporary Residence Transition stream of the Subclass 186 visa. This clause requires, among other things, that the nomination has been approved and not subsequently withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the employer's initial nomination was refused by the Department, but this decision was subsequently set aside by the Tribunal on 16 March 2018, with a substituted decision to approve the nomination. As the applicant was a 457 visa holder at the time of the nomination, and the nomination was approved under regulation 5.19(3), the Tribunal concluded that clause 186.223(2) was satisfied. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, directing that the applicant met clause 186.223(2).