Vivas Villarraga (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant's nominating employer, Antovi Global Pty Ltd, had its nomination for the position of Wholesaler refused by the Department. The employer sought review of this decision before the Tribunal.

The Tribunal was required to determine whether the nomination for the position of Wholesaler met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal needed to ascertain if the nomination had been approved and had not been subsequently withdrawn, if there was no adverse information known to Immigration about the nominator or associated persons, if the position remained available to the applicant, and if the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that on 17 January 2020, it had set aside the Department's refusal and substituted a decision to approve the nomination under subregulation 5.19(3). As the relevant nomination had been approved, the Tribunal found that the first named applicant met the requirement of clause 186.223(2). Consequently, the Tribunal concluded that clause 186.223 was satisfied.

The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant meets criterion cl.186.223(2) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa, including those pertaining to the secondary applicants.