Reis Ferreira (Migration)

The Administrative Appeals Tribunal considered the case of Reis Ferreira concerning an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The primary applicant sought this visa for the position of Marketing Specialist, with Dentsu Aegis Network (ANZ) Management Services Pty Ltd lodging the nomination. The second applicant was a secondary applicant seeking to be a member of the family unit.

The central legal issue before the Tribunal was whether the applicants met the criteria for the Subclass 186 visa, particularly clause 186.233, which pertains to the nomination of the position. This clause requires, among other things, that the nominated position be the subject of an approved nomination application, that the nominator is the prospective employer, that the nomination has not been withdrawn, and that the visa application is made within six months of the nomination's approval. The Tribunal also considered whether the secondary applicant met the criteria to be a family member of a Subclass 186 visa holder or qualified for the visa in their own right.

The Tribunal reasoned that clause 186.233(3) mandates that the Minister must have approved the nomination. Based on the evidence presented, the Tribunal found that the nomination lodged by Dentsu Aegis Network (ANZ) Management Services Pty Ltd had not been approved at the time of the Tribunal's decision. Consequently, the primary applicant failed to meet this essential criterion for the Direct Entry stream. Furthermore, the Tribunal noted that the second applicant did not meet the secondary criteria as a family unit member, nor had they provided evidence to satisfy the primary visa criteria independently.

Accordingly, the Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.