NGUYEN (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The applicant sought review of a decision concerning their visa application. The Tribunal, presided over by Member Keith Kendall, was tasked with determining whether the applicant met the requirements of subregulation 186.223(2) and was the subject of an approved nomination.

The primary legal issue before the Tribunal was to ascertain if the applicant satisfied the criteria outlined in regulation 186.223(2) of the Migration Regulations. This regulation requires that the nominated position be the subject of an approved nomination application that identifies the visa applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, or that such information is reasonable to disregard, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant met the criterion in regulation 186.223(2). This conclusion was based on evidence presented, including the fact that a related nomination application had been reviewed and approved by the Tribunal on 20 June 2019. The Tribunal was satisfied that the nomination had been approved and not withdrawn, that no adverse information existed concerning the applicant or associated persons, that the nominated position of systems administrator had been occupied by the applicant full-time since May 2014 and remained available under an ongoing contract, and that the visa application was made within the prescribed six-month period following the nomination's approval on 8 August 2019.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a specific direction that the applicant had met the criteria under cl.186.223(2) of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the grant of the Subclass 186 visa.