WANG (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision relating to an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Temporary Residence Transition stream. The applicants sought a visa as a Butcher or Smallgoods Maker, with the nomination having been approved by the Tribunal. The primary dispute revolved around whether the Minister had approved the nomination for the visa.

The Tribunal was required to determine whether the nomination met the criteria set out in clause 186.223 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the nominated position was the subject of an approved nomination application identifying the visa applicant, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the eligibility of a secondary applicant as a member of the primary applicant's family unit.

The Tribunal found that the nomination application had not been withdrawn and that it had been approved on 5 May 2020. It was satisfied that no adverse information was known to Immigration or the Tribunal regarding the nominator or associated persons, that the position of Butcher or Smallgoods Maker remained available, and that the visa application was made within the prescribed six-month period. Consequently, the Tribunal concluded that clause 186.223 was met for the primary applicant and that the second applicant was a member of the family unit.

Given these findings, the Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration by the Minister, with the direction that the primary applicant met the criteria under clause 186.223. The application for the second applicant was also remitted for further consideration of the visa criteria.