Pan (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter involving an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The dispute arose after the initial nomination lodged by Helix Packaging Systems Pty Ltd was refused by a delegate of the Minister. The applicant's visa application was subsequently refused on the grounds that they did not meet certain criteria.

The primary legal issue before the Tribunal was whether the applicant met criterion 186.223(2) of Schedule 2 of the Migration Regulations, which requires that the nomination has been approved and has not been subsequently withdrawn. This criterion is a component of the broader requirements for a Subclass 186 visa under the Temporary Residence Transition stream, which also include aspects such as the nominated position being the subject of an approved nomination, the position remaining available, and the visa application being made within a specified timeframe after the nomination approval.

The Tribunal reasoned that while the initial nomination was refused by the delegate, a subsequent decision by the Tribunal on 23 March 2020 approved the nomination application lodged by Helix Packaging Systems Pty Ltd. Consequently, the Tribunal was satisfied that the applicant had now met criterion 186.223(2). Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining criteria necessary for the grant of the visa.