Miao (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) direct entry stream. The applicant sought review of a decision concerning their eligibility for the visa, which was linked to an approved position nomination. The case was heard by Susan Reece Jones of the Tribunal.

The primary legal issue before the Tribunal was whether the relevant nomination had been approved as required by clause 186.233 of the Migration Regulations. This clause outlines several criteria, including that the nominated position must be the subject of an approved nomination application, that the employer must be the nominator, that the nomination must not have been withdrawn, that there must be no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's employer nomination, initially refused by the Department, had subsequently been set aside and approved by the Tribunal on 25 June 2023. As the nomination was now approved, the Tribunal found that the first named applicant met the requirements of clause 186.233(2). Consequently, the Tribunal determined that the appropriate course was to remit the visa application for reconsideration by the Minister, directing that the first named applicant meets the specified criteria. The applications of the second, third, and fourth named visa applicants were also remitted for full reconsideration.