SUBEDI (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of a related position nomination. The Administrative Appeals Tribunal (AAT), constituted by Senior Member Michael Cooke, was tasked with determining whether the applicant met the requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination that satisfied the criteria set out in clause 186.223 of Schedule 2 to the relevant regulations. This clause requires, among other things, that the nominated position is the subject of an approved nomination application identifying the visa applicant, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the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 found that the applicant met all the requirements of clause 186.223. Specifically, the Tribunal had made a decision on 15 December 2020 to approve the nomination of JOHN & DIANNE MOUHTARIS. Based on this finding, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met criterion 186.223.