Miron (Migration)

The Administrative Appeals Tribunal considered the applications of a primary applicant and their family member for Employer Nomination (Permanent) (Class EN) visas, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The dispute centred on whether the primary applicant met the criteria for the visa, particularly concerning an approved nomination for the position of Marketing Specialist.

The Tribunal was required to determine if the primary applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements, including that the nominated position must have an approved nomination that has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa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 made within six months of the nomination's approval.

The Tribunal reasoned that the employer's nomination for the Marketing Specialist position, initially refused by the Department of Home Affairs, was subsequently approved by the Tribunal on 24 June 2019. Having found that the nomination was approved, not withdrawn, that no adverse information was known, that the position remained available, and that the visa application was made within the requisite timeframe after the nomination approval, the Tribunal concluded that clause 186.223 was met. Consequently, the Tribunal remitted the primary applicant's visa application to the Minister for reconsideration of the remaining visa criteria. The family member's application was also remitted for determination by reference to the outcome of the primary applicant's application.