Pedrini (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Gianluca Pedrini, the primary applicant, and Ms Valentina Conti, the secondary applicant, concerning the refusal of their Employer Nomination (Permanent) (Class EN) visa, subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The delegate of the Minister for Home Affairs had refused to grant the visas on 19 December 2018, as the applicant did not have a successful nomination. The applicants had lodged their visa application on 22 December 2017.

The Tribunal was required to determine whether the applicant met the criteria for the subclass 186 visa, specifically in relation to licensing, registration, or membership requirements for the nominated position of Motor Mechanic, and whether the nominated position would provide the applicant with employment. The Tribunal also considered the validity of the nomination itself.

The Tribunal reasoned that clause 186.211 of the Migration Regulations 1994, which pertains to mandatory licensing, registration, or membership requirements, was not applicable as there was no evidence before the Tribunal that such requirements existed for a Motor Mechanic in the relevant state or territory. The Tribunal accepted the submission made by the applicants' registered migration agent on this point. Furthermore, the Tribunal found, referencing a previous decision concerning the nomination application (case number 1828346), that the nominated position would indeed provide employment to the applicant, thus satisfying clause 186.212.

Based on these findings, the Tribunal concluded that the matter should be remitted for further consideration.