Meenan (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision that had refused their nomination for the position of Café or Restaurant Manager. The Tribunal was tasked with determining whether the nomination had been refused, and in doing so, to make findings of fact on the disputed material matters.

The primary legal issue before the Tribunal was whether the nomination for the Subclass 186 visa met the requirements of clause 186.223 of the Migration Regulations. This clause outlines several conditions, including that the nominated position must be the subject of an approved nomination, that the nominator must be the employer, that there must be no adverse information known to Immigration, that the position must remain available, and that the visa application must be made within six months of the nomination's approval. The Tribunal also considered whether the nomination had been approved and not subsequently withdrawn.

The Tribunal reasoned that based on the evidence provided, including previous findings in a nomination application, the approved position was the same as that subject to the relevant nomination application and visa declaration. It was satisfied that the employer was the nominator and that the nomination had been approved and not withdrawn. Crucially, the Tribunal found that the visa applicant met the requirements of clause 186.223, including those relating to adverse information and the availability of the position. 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.