Tagi (Migration)

This matter concerned applications for Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 (Employer Nomination Scheme) direct entry stream. The primary dispute revolved around whether the applicant met the criteria for an approved nomination for the position of First Class Welder. The decision was made by Cathrine Burnett-Wake, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant satisfied clause 186.233 of the Migration Regulations, which pertains to the requirement of an approved nomination for the visa. This clause outlines several conditions, including that the nominated position must be the subject of an approved nomination application, the employer who made the nomination must be the one who will employ the applicant, the nomination must not have been withdrawn, there must be no adverse information known to Immigration or such information must be disregarded, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the applicant's nominating employer had initially applied for approval of the nomination, which the Department had refused. However, on review, the Tribunal had previously set aside the Department's decision and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that the applicant met the requirements of clause 186.233(3) and that the nomination criterion was satisfied.

Given that the primary applicant met this criterion, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. Furthermore, the applications of the second, third, fourth, and fifth named applicants, who were family members of the primary applicant, were also remitted for full reconsideration.