Thapa (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility for this visa, which was based on an employer nomination made by RSG (ABC) Pty Ltd.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of the Migration Regulations, which outlines the criteria for an approved nomination in the Temporary Residence Transition stream. This clause necessitates that the nominated position be approved, not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa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 while the Department had initially refused the employer nomination, this decision was subsequently set aside by the Tribunal on 19 June 2020, and the nomination was approved. Consequently, the Tribunal concluded that the first named applicant met the requirements of clause 186.223(2). Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration by the Minister, with a direction that the first named applicant satisfies this specific criterion. The applications of the second, third, fourth, and fifth named visa applicants were also remitted for full reconsideration.