Neal (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 for an Electrician (General). The applicant's nomination had been approved by the Administrative Appeals Tribunal, which was reviewing a decision by the Department of Immigration and Border Protection to refuse the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.186.233(3) of the Migration Regulations 1994. This involved determining if the nominated position was the subject of an approved nomination, if the nominator was the prospective employer, if the nomination had been withdrawn, if there was adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within the prescribed timeframe after nomination approval.

The Tribunal found that the applicant satisfied cl.186.233(3) and related provisions. It was established that the owner and director of Alight Contractors Pty Ltd, Mr Verhey, was both the nominator and the prospective employer, and that the nomination for the Electrician (General) position had been approved by the Tribunal and not subsequently withdrawn. The Tribunal also determined that there was no adverse information known to Immigration regarding Mr Verhey or associated persons, that the employment contract indicated the position remained available, and that the visa application was lodged within six months of the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.186.233 of Schedule 2 to the Regulations.