PATINO PRIETO (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) under the Temporary Residence Transition stream. The applicant, identified as the nominee for the position of Facilities Manager, sought review of a decision. The employer, Cleancorp Services Pty Ltd, had lodged an approved nomination application. The case came before the Tribunal, presided over by Member Ian Berry.

The central legal issue before the Tribunal was whether the applicant met the relevant criteria for the Subclass 186 visa, particularly in light of the employer's approved nomination. The Tribunal was required to determine if the approval of the nomination application satisfied the necessary conditions for the applicant's visa eligibility.

The Tribunal reasoned that the employer's nomination application, approved on 11 December 2019, satisfied the criterion relating to an approved nomination. Consequently, the Tribunal concluded that the applicant met the requirements of clause 186.223 of Schedule 2 to the Regulations.

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a Subclass 186 visa under clause 186.223 of Schedule 2 to the Regulations.