Takahashi (Migration)

This matter concerned an appeal by Mr. Takahashi, the primary applicant, and secondary applicants who were members of his family unit, regarding the refusal of their Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 Temporary Residence Transition stream. The decision was made by the Tribunal, presided over by George Hallwood.

The central legal issue before the Tribunal was whether the primary applicant met the requirements of clause 186.223 of the Migration Regulations 1994. This clause outlines several conditions for a nominated position, including that the nomination must have been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that all the criteria under clause 186.223 were met. Specifically, the nomination for the Corporate General Manager position with Plus One Point Pty Ltd was approved, had not been withdrawn, and no adverse information was known to Immigration. Crucially, advice from the nominator confirmed the position remained available, and the visa application was made within the six-month timeframe following the nomination approval.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, directing that the primary applicant satisfied clause 186.223. The Tribunal also recommended that the applications of the secondary applicants, who were refused based on the primary applicant's refusal, be reconsidered concurrently with the primary applicant's application.