Tan (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Direct Entry stream. The applicant sought review of a decision concerning the nomination for the position of Sales and Marketing Manager. The Tribunal was required to determine whether the first named applicant was the subject of an approved nomination and whether the second and third named applicants were members of the family unit of a person who had satisfied the primary criteria for the visa.

The Tribunal was required to assess whether the nomination met the requirements of clause 186.233 of Schedule 2 to the Regulations. This clause mandates that the nominated position must be the one subject to an application for approval in the Direct Entry stream, and where the nomination was made on or after 1 July 2017, it must identify the applicant. Further, the employer must be the nominator, the nomination must be approved and not withdrawn, there must be no adverse information known to Immigration about the nominator or associated persons (or such information must be reasonable to disregard), the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that a nomination application by Sleepeezee Bedding Australia Pty Ltd for the position of Sales and Marketing Manager for the first named applicant had been approved on 4 June 2020. The Tribunal substituted its own decision for that of the delegate and was satisfied that all sub-clauses of clause 186.233 were met. Consequently, the Tribunal concluded that the first named applicant satisfied the primary criteria for the Subclass 186 visa and that the applications of the second and third named applicants, as family unit members, should be reconsidered. The Tribunal remitted the visa applications to the Minister for reconsideration of the remaining criteria.