Parvej (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream, made by Mr Parvej. The review before the Tribunal was in relation to the applicant's employer, Barisalau Pty Ltd, having its nomination for the position of Café or Restaurant Manager approved. The Tribunal was constituted by Jane Bell.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position had been approved, as required by clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements, including that the nomination must be approved, not subsequently withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa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 found that while the nomination was not approved at the time of the initial delegate's decision, Barisalau Pty Ltd had successfully sought review of the refusal of its nomination. On 17 July 2019, the Tribunal set aside the refusal and substituted a decision to approve the nomination. Based on this, the Tribunal was satisfied that all aspects of clause 186.223 were met, including the employer continuing to employ the applicant, the nomination now being approved and not withdrawn, the absence of adverse information, the continued availability of the position, and the visa application being lodged within the prescribed timeframe after the nomination approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 186.223.