Silveri (Migration)

The Administrative Appeals Tribunal considered a matter concerning 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 that had refused their visa application.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position as a Café or Restaurant Manager had been refused. This required the Tribunal to assess whether the applicant met the criteria set out in clause 186.223 of Schedule 2 to the Migration Regulations. These criteria involve, among other things, that the nominated position is the subject of an approved nomination, that the nominator is the employer, that the nomination has not been withdrawn, and that there is no adverse information known to Immigration, or that such information can be disregarded.

The Tribunal found that the nominated position was the same as that which was the subject of the relevant nomination application and the visa application declaration. It was also satisfied that the nominator was the employer and that the nomination had been approved and identified the applicant. Crucially, the Tribunal relied on its previous findings in a nomination application to determine that the applicant met the requirements of clause 186.223.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 186.223. The Minister is to consider the remaining criteria for the visa.