Murray (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The dispute centred on whether the applicant had satisfied the criteria for an approved nomination of the position.

The primary legal issue before the Tribunal was to determine if the applicant's nominated position met the requirements of clause 186.223 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination that identifies the visa applicant and was the position subject to a declaration as part of the current visa application.

The Tribunal found that the relevant nomination in respect of the applicant had initially been refused by the Department. However, following a review by the nominator, the Tribunal had previously set aside the Department's decision and substituted an approval of the nomination on 16 March 2021. Consequently, the Tribunal concluded that the applicant met the requirement of clause 186.223(2) as the relevant nomination had been approved.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 186.223(2) of Schedule 2 to the Regulations.