Patel (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream, for a position as a Graphic Designer. The applicant sought review of a decision concerning their visa application. The decision was made by Susan Reece Jones of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994. This clause outlines several conditions for the nomination of a position, including that the nomination must be approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons, that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's employer nomination, initially refused by the Department, had subsequently been approved by the Tribunal on review. This approval meant that the first named applicant met the requirements of cl.186.223(2). Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister, with a specific finding that the first named applicant satisfied this particular criterion. The Tribunal also directed that the remaining criteria for the first named applicant, as well as the applications of the second and third named applicants, should be reconsidered in full.