Ta (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream, for the position of Baker. The applicant sought review of a decision to refuse the nomination. The Tribunal was required to determine whether the nomination for the position met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994.

The Tribunal considered whether the nominated position was the same as that identified in the visa application and whether the applicant was correctly identified in relation to the position. It also examined whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, and if there was any adverse information concerning the nominator or associated persons. Furthermore, the Tribunal assessed whether the position remained available to the applicant and if the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal found that the nominated position was indeed the same as that in the visa application and that the applicant was properly identified. It relied on its previous findings in the nomination application to conclude that the prospective employer was the nominator. Consequently, the Tribunal determined that the applicant satisfied the requirements of clause 186.223.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the criteria specified in clause 186.223.