Noccioli (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant’s nominating employer, Bajaboard International, had initially applied for approval to nominate Mr Noccioli for the position of Electrical Engineering Technician. This nomination application was refused by the Department of Immigration and Border Protection. The employer subsequently sought review of this refusal by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, specifically concerning the employer's nomination. This clause requires, among other things, that the nominated position is the subject of an approved nomination, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and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 on 13 February 2020, it had set aside the Department's refusal decision and substituted a decision to approve the nomination. Consequently, the Tribunal found that the nomination had been approved and had not been withdrawn. It was also satisfied that no adverse information was known to Immigration regarding the nominator or associated persons, that the position remained available, and that the visa application was made concurrently with the nomination, thus satisfying the six-month timeframe.

Given these findings, the Tribunal concluded that the applicant met the requirements of clause 186.223. The Tribunal therefore remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had met the requirements of clause 186.223.