Rogers (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 sought review of a decision by the Department of Immigration to refuse to approve the employer's nomination. The case was heard by R. Skaros of the Tribunal.

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. This clause, as applicable, required that the nominated position be the subject of an approved nomination in the Temporary Residence Transition stream, identifying the visa applicant, and that the nomination itself had been approved.

The Tribunal noted that the Department had initially refused the employer's nomination. However, the nominator subsequently applied to the Tribunal for a review of this decision. On 17 May 2019, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that the applicant now met the criterion under clause 186.223(2) because the relevant nomination had been approved.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under clause 186.223(2) of Schedule 2 to the Regulations, allowing the Minister to assess the remaining criteria for the grant of the visa.