Vo (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision concerning the nomination for the position of Pastry Cook. The case came before the Tribunal, presided over by Member Phoebe Dunn.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of a nomination for the visa. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nomination by Yum Yum Café & Bakery Pty Ltd for the Pastry Cook position, initially refused, had subsequently been approved by the Tribunal on review on 5 December 2019. As this approval meant that the nomination had been approved and not withdrawn, and given the applicant had identified the nominator and the relevant visa subclass, the Tribunal found that clause 186.223(2) was satisfied. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.