Varga (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) direct entry stream, for a sports coach or instructor. The applicant, Varga, sought review of a decision concerning the approval of the nominated position. The Tribunal was required to determine whether the applicant met the requirements of clause 186.233 of Schedule 2 to the Migration Regulations 1994.

The Tribunal considered the various subclauses of clause 186.233, which stipulate that the nominated position must be approved, not withdrawn, still available to the applicant, and that the visa application must be made within six months of the nomination's approval. It also required that the employer be the nominator and that there be no adverse information known to Immigration about the nominator or associated persons, or that such information could be disregarded. The Tribunal noted that the nomination had initially been refused by the Department but was subsequently approved by the Tribunal on 19 October 2022.

The Tribunal found that the nominated position was the same as that in the nomination application, the employer was the nominator, and the nomination had been approved and not withdrawn. It was also satisfied that the position remained available and that the visa application was lodged within the six-month timeframe. Furthermore, the Tribunal found no evidence of adverse information concerning the nominator or associated persons. Consequently, the Tribunal concluded that the applicant met all the requirements of clause 186.233. The Tribunal remitted the visa application to the Minister for reconsideration, directing that the applicant meets this specific criterion.