Thatchanon (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) under the Temporary Residence Transition stream. The primary dispute revolved around whether there was an approved nomination for the applicant's position as a Cook. The decision was made by Cathrine Burnett-Wake, a Member of the Tribunal.

The central legal issue before the Tribunal was to determine whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations, which pertains to the approval of a nomination for the Subclass 186 visa. This clause requires, among other things, that the nomination has been approved by the Minister and has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nominating employer had applied for approval of the Cook position, and although the Department initially refused this nomination, the Tribunal had previously set aside that decision and substituted an approval on 30 April 2019. Consequently, the Tribunal found that the nomination had been approved and that the applicant met the requirements of clause 186.223(2). Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria. The applications of the second and third visa applicants, who were family members of the primary applicant, were also remitted for full reconsideration.