Rimpal (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision by the Department of Immigration to refuse their nomination. The Administrative Appeals Tribunal, constituted by Bridget Cullen, was tasked with determining whether the applicant was the subject of an approved nomination for the position of Corporate Services Manager.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, required that the nominated position be the subject of an approved nomination that identified the visa applicant, that the nomination had not been withdrawn, that there was no adverse information known to Immigration about the nominator or associated persons, that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination, initially refused by the Department on 18 June 2018, had subsequently been approved by the Tribunal on 18 June 2019. It further determined that there was no adverse information concerning the applicant or any associated person, the position of Corporate Services Manager remained available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal concluded that clause 186.223 was satisfied.

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