Tan (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 Motor Mechanic. The applicant's visa application had been refused by the Department, and the nominating employer sought review of that decision. The Tribunal was required to determine whether the applicants met the criteria under clause 186.223(2) of the relevant regulations.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 186.223(2), which stipulated that the Minister must have approved the nomination. The Tribunal also considered related criteria, including that the nominating employer must be the entity that will employ the applicant, the nomination must not have been withdrawn, there must be no adverse information known to Immigration concerning the nominator or associated persons (or such information must be reasonably disregarded), the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the nomination had been approved by the Department, and subsequently by the Tribunal itself, and had not been withdrawn. It was satisfied that the employer, YJ International Group Pty Ltd, represented by its director Mr Liam Lin, was the entity that made the nomination and would employ the applicant. Furthermore, the Tribunal determined that no adverse information was known to Immigration regarding the nominator or their associates, and that the position remained available. The visa application was lodged within the prescribed six-month period following the nomination's approval.

Consequently, the Tribunal concluded that the applicants met clause 186.223(2) and related criteria. The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the primary applicant met the specified criteria for the Subclass 186 visa.