Parveen (Migration)

This matter concerned an application for Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The primary applicant, Ms Zakia Parveen, sought review of a decision concerning her visa application, with other applicants seeking to join as family unit members. The case came before Member Karen McNamara of the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223(2) of Schedule 2 to the Migration Regulations 1994. This clause pertains to the approval of a nomination for a position in the Temporary Residence Transition stream, requiring that the nomination has been approved, not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nominating employer, Diganta Holding Group Pty Ltd, had initially had its nomination for the position of Accountant (General) refused by the Department. However, following a review by the Tribunal in a separate proceeding (AAT Case No. 1931365), the Department's refusal decision was set aside, and the nomination was approved on 25 October 2023. Consequently, the Tribunal concluded that the applicant satisfied clause 186.223(2). The applications of the other named applicants, as family members, were to be determined by reference to the outcome of Ms Parveen's application.

Given these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first named applicant, Ms Zakia Parveen, meets the criteria under clause 186.223(2) of Schedule 2 to the Regulations. The remaining criteria for the visas were to be considered by the Minister.