Wicks (Migration)

This matter concerned an appeal to the Tribunal regarding an application for a Subclass 186 (Employer Nomination Scheme) visa. The primary dispute revolved around whether the Minister had approved the nomination for the visa, a key criterion under clause 186.223 of Schedule 2 to the Regulations. The Tribunal was required to determine if the nomination met the specified requirements, including its approval, non-withdrawal, the absence of adverse information concerning the nominator or associated persons, the continued availability of the nominated position, and the timeliness of the visa application relative to the nomination approval.

The Tribunal's reasoning focused on assessing the evidence against the specific requirements of clause 186.223. It found that the nominated position was indeed the subject of the application, that the nomination had been approved and not withdrawn, and that there was no adverse information known to Immigration that could not be disregarded. Furthermore, the Tribunal was satisfied that the position remained available and that the visa application was lodged within the six-month timeframe following the nomination's approval. The Tribunal also considered the secondary applicant, identified as the spouse and family unit member of the primary applicant, who had lodged a combined application.

Based on these findings, the Tribunal concluded that the primary applicant met the criteria under cl.186.223(2) and cl.186.223 of Schedule 2 to the Regulations. Similarly, the secondary applicant was found to meet the criteria under cl.186.311 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration by the Minister, with a direction that the specified criteria for both the primary and secondary applicants had been met.