Vaher (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of their employer's nomination. The case was heard by Denise Connolly, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the relevant regulations, specifically concerning the approval of the employer's nomination. This clause stipulated that the position to which the application related must be the subject of an approved nomination that identifies the visa applicant, and that the nomination itself must have been approved.

The Tribunal reasoned that the applicant's employer nomination had initially been refused by the Department. However, the employer subsequently applied to the Tribunal for a review of this refusal. On 14 August 2018, the Tribunal set aside the Department's decision and substituted a decision to approve the nomination. Consequently, the Tribunal found that the applicant met the requirement of clause 186.223(2) as the relevant nomination had been approved.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criterion specified in clause 186.223(2) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.