PATEL (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 Employer Nomination (Permanent) (Class EN) visa application under the Direct Entry stream. The applicant sought review of a decision concerning the approval of a nomination for a Corporate General Manager position.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 186.233 of the Migration Regulations. This clause outlines several conditions, including that the nominating person must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to Immigration, the position must remain available to the applicant, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that while the Department had initially refused the nomination application lodged by Sri Narayan Group Pty Ltd, the Tribunal itself had subsequently approved the nomination. Therefore, the Tribunal concluded that the position was the subject of an approved nomination and met the requirements of clause 186.233. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.