POCHAMNI (Migration)

This matter concerned an appeal by the applicant against a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of the decision concerning the nomination for the position of Café or Restaurant Manager.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position had been refused. This required the Tribunal to consider the requirements of clause 186.223 of the Migration Regulations, which outlines the criteria for an approved nomination, including that the nominated position must be the subject of an approved nomination, that the nominator must be the employer, that there must be no adverse information known to Immigration, that the position must remain available, and that the visa application must be made within six months of the nomination approval.

The Tribunal found that the nomination had, in fact, been approved upon review. It was satisfied that the nominated position was the same as that declared in the visa application and that the nominator was the employer. Crucially, the Tribunal determined that the applicant met the requirements of clause 186.223, including the provisions relating to adverse information and the availability of the position.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a specific direction that the applicant met the requirements of clause 186.223.