PATEL (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility, with the primary dispute revolving around whether the applicant was the subject of an approved nomination. The decision was made by the Administrative Appeals Tribunal (AAT).

The AAT was required to determine whether the first named applicant met the criteria set out in clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, mandates that the position to which the visa application relates must be the subject of an approved nomination in the Temporary Residence Transition stream, identifying the visa applicant. It also requires that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that on 22 October 2020, it had approved the nomination of GAUTOM INVESTMENT PTY LTD. Based on this finding, the Tribunal concluded that the applicant was now the subject of an approved nomination and satisfied all the requirements of clause 186.223. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining eligibility criteria.