Patel (Migration)

This matter concerned an appeal by the applicants regarding a decision related to an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The primary issue before the Tribunal was whether the applicants were the subject of an approved nomination under regulation 186.223(2) of the Migration Regulations 1994 (Cth). The decision for the secondary applicants, who were family members of the primary applicant, was contingent on the outcome for the primary applicant.

The Tribunal was required to determine if the nomination for the position of cook met the requirements of clause 186.223 of the Regulations. This involved assessing whether the nomination had been approved and not withdrawn, whether there was any adverse information known to Immigration concerning the nominator or associated persons, if the nominated position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the criteria for secondary applicants, which required them to be members of the family unit of a primary applicant who had satisfied the relevant criteria.

In its reasoning, the Tribunal found that the nomination had been approved following a previous review and had not been withdrawn. It also determined that there was no adverse information known to Immigration regarding the nominator or associated persons, and that the position of cook was still available. Furthermore, the Tribunal was satisfied that the visa application was made within the prescribed six-month period after the nomination approval. Consequently, the Tribunal concluded that clause 186.223 was met for the primary applicant.

Given these findings, the Tribunal remitted the visa applications for reconsideration. The direction was that the primary applicant met the criteria under clauses 186.223(2) and 186.223 of Schedule 2 to the Regulations. The applications by the secondary applicants were also remitted for reconsideration, with the direction that they be considered against the remaining visa criteria.