Mavalall (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 (Employer Nomination Scheme) visa. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, presided over by Senior Member Michael Cooke, was tasked with determining whether the applicant was the subject of an approved nomination that met the relevant legislative criteria.

The central legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position be approved, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the specific requirements outlined in subclauses 186.223(1) to (5) and the definition of "associated with" under regulations 1.13A and 1.13B.

The Tribunal found that the nomination made by YCW CHILDCARE PTY LTD AS TRUSTEE FOR YCW CHILDCARE TRUST had been approved on 25 March 2021. Crucially, the Tribunal concluded that the applicant now met all the requirements stipulated by clause 186.223. Having determined that this specific criterion was satisfied, the Tribunal considered the appropriate course of action.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister. The direction accompanying this remittal was that the first named applicant had met the criteria under clause 186.223 of Schedule 2 to the Regulations. The Minister was then to consider the remaining criteria for the grant of the Subclass 186 visa.