Serov (Migration)

This matter concerned an appeal before the Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Direct Entry stream. The applicant sought review of a decision concerning the nomination for a Sales and Marketing Manager position.

The primary legal issue before the Tribunal was whether the applicant's nomination application had been approved in accordance with clause 186.223 of the Migration Regulations 1994. This clause sets out several requirements for the nomination, including that the nominated position must be the subject of an approved nomination application, that the nominator must be the prospective employer, that the nomination must not have been withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant's nomination application had been approved on 21 July 2021, and at that hearing, it was satisfied that no adverse information existed concerning the applicant, their employer, or associated persons. Furthermore, the Tribunal confirmed that the nominee continued their employment and that the visa application was made within the prescribed six-month period following the nomination approval. Consequently, the Tribunal concluded that clause 186.233 had been met.

Given that the first named applicant met criterion 186.233, the Tribunal remitted all the visa applications to the Minister for reconsideration of the remaining criteria for the Subclass 186 visa.