VORA (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme). The applicant's nominating employer, Vedant Consulting Pty Ltd, had initially applied for approval of a nominated position, which was refused by the Department. The employer then sought review of this decision before the Tribunal. The core dispute revolved around whether the nomination for the applicant's position had been validly approved, a prerequisite for the visa application.

The Tribunal was required to determine whether the applicant met criterion 186.223 of Schedule 2 to the Regulations, which outlines the requirements for an approved nomination in the Temporary Residence Transition stream. This involved assessing whether the nomination had been approved, not withdrawn, and if there was any adverse information concerning the nominator or associated persons. Additionally, the Tribunal had to consider whether the nominated position remained available to the applicant and if the visa application was lodged within the prescribed timeframe after the nomination's approval.

The Tribunal found that the applicant met criterion 186.223. It was satisfied that the nominating employer was the nominator, no adverse information was known to Immigration, the applicant was identified as a Subclass 457 visa holder in the nomination, the nomination had not been withdrawn and continued to meet the criteria for approval, the position was the subject of the required declaration for the visa application, the appointment remained available, and the visa application was made within six months of the nomination's approval.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met criterion 186.223.