Sandi Tonet (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically the Temporary Residence Transition stream. The applicant sought review of a decision by the Department of Immigration to refuse the employer nomination. The Tribunal, constituted by R. Skaros, was required to determine whether the relevant nomination had been approved, as stipulated by clause 186.223(2) of Schedule 2 to the Regulations.

The Tribunal's reasoning focused on the requirements of clause 186.223, which mandates that the nominated position must be the subject of an approved nomination that identifies the visa applicant. In this instance, the initial employer nomination made by Statewide Construction and Development Pty Ltd was refused by the Department. However, the nominator subsequently applied to the Tribunal for a review of this refusal. On 24 May 2019, the Tribunal set aside the Department's decision and substituted its own decision, approving the nomination.

Consequently, the Tribunal found that the applicant now met the criterion under clause 186.223(2) as the relevant nomination had been approved. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant be considered to meet clause 186.223(2) for the Subclass 186 visa.