Sahin (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The applicant was seeking review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Alison Mercer, was tasked with determining whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of Schedule 2 to the relevant regulations, which pertains to the nomination of a position. This clause requires, among other things, that the nominated position be approved, not withdrawn, that there be no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's employer, Greenwood Manors Pty Ltd, had made a nomination application on 19 July 2018, which was initially refused but subsequently approved by the Tribunal on 22 December 2021. The Tribunal found that the nomination had been approved and not withdrawn, that there was no adverse information known to Immigration regarding the nominator or associated persons, that the position was still available, and that the visa application was made within the prescribed six-month period following the nomination approval. Based on these findings, the Tribunal concluded that clause 186.223 was met.

Consequently, the Tribunal remitted the application for an Employer Nomination (Permanent) (Class EN) visa for reconsideration by the Minister, with a direction that the applicant had satisfied the criteria under clause 186.223 of Schedule 2 to the Regulations.