Panganiban (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Direct Entry stream. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal, constituted by Amanda Mendes Da Costa, was required to determine whether the applicant met the requirements of clause 186.233 of Schedule 2 to the Migration Regulations 1994.

The central legal issue was whether the nominated position met the criteria stipulated in clause 186.233. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the sponsor, DERRIMUTROADCLINIC PTY LTD, had made a nomination application for the applicant as a Registered Nurse (Perioperative). Although this nomination was initially refused, the Tribunal had previously set aside that decision and approved the nomination. Based on this, the Tribunal was satisfied that the position was the subject of an approved nomination and that all other conditions under clause 186.233 were met.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister. The Tribunal directed that the first named applicant met the criteria under clause 186.233 for a Subclass 186 visa, and that the applications of the second and third named applicants should be reconsidered on the basis that they met the secondary requirements for the grant of the visa.