Martins Bordon (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of a nomination for an Accommodation and Hospitality Manager position. The case came before the Tribunal, presided over by R. Skaros.

The central legal issue before the Tribunal was whether the relevant nomination for the applicant's visa had been approved, as required by clause 186.223(2) of Schedule 2 to the relevant regulations. This clause mandates that the nomination must have been approved by the Minister. The applicant's visa application was based on a nomination made by Empire Hostelling Pty Ltd, which had initially been refused by the Department.

The Tribunal reasoned that the applicant had applied for the visa based on a nomination where she was identified as a Subclass 457 visa holder. Crucially, the Tribunal had previously set aside the Department's decision to refuse the nomination and substituted a decision approving it on 13 March 2019. Consequently, the Tribunal found that the requirement of clause 186.223(2) had been met.

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining eligibility criteria. The Tribunal directed that the applicant met the criterion under clause 186.223(2) for the Subclass 186 visa.