Uppal (Migration)

This matter concerned an application for Employer Nomination (Permanent) (Class EN) visas, specifically the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The primary dispute revolved around the approval of a nomination made by Menon & Associates Pty Ltd for the position of Accountant (General) for the first-named applicant. The Administrative Appeals Tribunal, constituted by Susan Trotter, was required to determine whether the nomination met the essential criteria for the visa.

The central legal issue before the Tribunal was whether clause 186.223(2) of Schedule 2 to the Regulations had been met, which requires that the Minister has approved the nomination. The Tribunal noted that the Department of Home Affairs had initially refused the nomination on 31 October 2016, leading to an application for review by Menon & Associates Pty Ltd. The Tribunal considered the records indicating that the nomination application was lodged on 4 April 2016.

The Tribunal reasoned that its previous decision on 11 January 2019 had set aside the Department's refusal and substituted a decision to approve the nomination. Consequently, the Tribunal concluded that clause 186.223(2) was now satisfied in relation to the first-named applicant. As the other applicants were family unit members of the first-named applicant, their applications would be determined based on the outcome of the first-named applicant's application. The Tribunal restricted its consideration to the issue of the nomination approval, as per its President's Direction. The Tribunal remitted the visa applications for reconsideration by the Minister, with the direction that the first-named applicant meets criterion 186.223(2).