Piriu (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, Ms Estela Piriu, sought review of a decision that had refused her visa application, which was predicated on the refusal of her employer's nomination for the position of Café or Restaurant Manager. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the employer's nomination met the relevant legislative criteria.

The primary legal issue before the Tribunal was whether the nomination by Absolute Hospitality Pty Ltd for the position of Café or Restaurant Manager satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position is the subject of an approved nomination that has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and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 made within six months of the nomination's approval.

The Tribunal found that the employer, Absolute Hospitality Pty Ltd, had made the nomination, and that this nomination had been approved by the Tribunal on review, superseding an earlier refusal by the Department. The Tribunal was satisfied that the nominated position was still available to Ms Piriu, that the visa application was made concurrently with the nomination, and crucially, that there was no adverse information known to Immigration concerning the nominator or associated persons. Based on these findings, the Tribunal concluded that the requirements of clause 186.223 were met.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied the criteria under clause 186.223. The Minister was to proceed to consider the remaining criteria for the grant of the Subclass 186 visa.