Pandya (Migration)

This matter concerned an appeal by an applicant for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant's employer's nomination application had been refused. The review was conducted by Alan McMurran of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved employer nomination for the position of internal auditor, and whether the nomination met the requirements of clause 186.223 of Schedule 2 to the Regulations. Additionally, the Tribunal considered the criteria for secondary applicants, who were family members of the primary applicant, under clause 186.311.

The Tribunal found that the applicant's employer, NJB Holdings Pty Ltd, had lodged a nomination application which was approved by the Tribunal on 11 July 2019. The Tribunal was satisfied that the nomination had not been withdrawn, that any adverse information concerning the nominator or associated persons was reasonable to disregard, that the position of internal auditor remained available to the applicant, and that the visa application was made within six months of the nomination's approval. Consequently, clause 186.223 was met. The Tribunal also found that the secondary applicants met the criteria under clause 186.311.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the primary applicant met clause 186.223 and the secondary applicants met clause 186.311.