Tamang Lama (Migration)

This matter concerned an application for review of a decision regarding a Subclass 186 Employer Nomination Scheme visa, specifically within the Temporary Residence Transition stream. The applicant, Tamang Lama, sought review after the nomination for the visa was not approved. The Administrative Appeals Tribunal (AAT) considered the claims and evidence presented by both the nominator, Sabbaba Australia Pty Ltd, and the applicant.

The primary legal issue before the Tribunal was whether the requirements of clause 186.223 of the Migration Regulations 1994 had been met. This clause pertains to the approval of a nominated position for applicants in the Temporary Residence Transition stream, requiring the applicant to have been identified in the nomination as a Subclass 457 visa holder and for the nominated position to be the one declared in the current visa application. Additionally, the Tribunal had to determine if the nomination had been approved and not withdrawn, if there was no adverse information known to Immigration, if the position remained available, and if the visa application was made within six months of the nomination's approval.

The Tribunal found that the requirements of clause 186.223 were satisfied. It noted that the application for nomination identified the applicant, and the details on the visa application matched the nomination. Crucially, the Tribunal had approved the nomination on 20 February 2019, it had not been withdrawn, and no adverse information was known to Immigration. The position was still available, and the visa application was made prior to the nomination's approval.

Consequently, the Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration. The Tribunal directed that the first named applicant, Tamang Lama, met the criteria under clause 186.223 of Schedule 2 to the Regulations, leaving the Minister to consider the remaining criteria for the visa.