Vo (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 sought review of a decision concerning their eligibility for the visa. The Tribunal was required to determine whether the applicant was the subject of an approved nomination for the position.

The primary legal issue before the Tribunal was whether the applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position is approved, has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa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 found that on 15 March 2019, it had set aside a previous refusal of the nomination application and substituted a decision approving the nomination. This approved nomination identified the visa applicant and the relevant position. The Tribunal was satisfied that the nomination had not been withdrawn, no adverse information was known, the position remained available, and the visa application was made within the prescribed timeframe. Consequently, the Tribunal concluded that clause 186.223 was met.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 186.223 of Schedule 2 to the Regulations.