Thidil (Migration)

This matter concerned applications for Employer Nomination (Permanent) (Class EN) visas, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Direct Entry stream, for a Marketing Specialist. The primary applicant's nominating employer, Campaigntrack Print Pty Ltd, had initially had its nomination refused by the Department. The employer sought review of this decision before the Tribunal.

The central legal issue before the Tribunal was whether the requirements of clause 186.233 of Schedule 2 to the Migration Regulations 1994 were met, particularly concerning the approval of the nomination for the position. This clause requires, among other things, that the position be the subject of an approved nomination, that the employer who made the nomination is the one who will employ the applicant, that the nomination has not been withdrawn, that there is no adverse information known to Immigration or that such information can be disregarded, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominating employer's application for approval of the Marketing Specialist position in respect of the applicant had been approved by the Tribunal on 20 May 2021, setting aside the Department's earlier refusal. As the relevant nomination had been approved, the Tribunal concluded that the applicant met the requirements of clause 186.233(3). Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the primary applicant meets the criteria under clause 186.233(3). The applications of the second and third named applicants, who were family members of the primary applicant, were also remitted for full reconsideration.