Raval (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) concerning the approval of a nomination made by Asks Maintenance Services Pty Ltd. The core dispute revolved around whether the position to which the visa application related was the subject of an approved nomination that identified the visa applicant.

The Tribunal was required to determine whether clause 186.223 of Schedule 2 to the Migration Regulations 1994 was satisfied. This clause mandates that the nominated position must have been approved, not subsequently withdrawn, and that there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be reasonable to disregard. Furthermore, the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal noted that the initial nomination lodged by Asks Maintenance Services Pty Ltd was refused by a delegate of the Minister on 7 February 2018. However, on 7 October 2019, the Tribunal set aside this refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that the nomination, as referred to in paragraph 186.223(1), had been approved and identified the visa applicant, thereby satisfying clause 186.223.

The Tribunal remitted the Employer Nomination (Permanent) (Class EN) visa applications for reconsideration. The direction was that the first named applicant met the criteria under clause 186.223 of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the visas.