William Bowen (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, for the position of Chef. The applicant, William Bowen, sought review of a decision concerning his visa application. The Administrative Appeals Tribunal, constituted by Jade Murphy, was required to determine whether the position to which the application related was the subject of an approved nomination.

The primary legal issue before the Tribunal was the interpretation and application of clause 186.223 of Schedule 2 to the Migration Regulations. This clause outlines the requirements for an approved nomination in the Temporary Residence Transition stream, including that the nomination must have been approved, not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa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 nomination lodged by Jones Bay Wharf Group Pty Ltd had initially been refused but was subsequently approved by the Tribunal on 15 October 2020, after a review. As the nomination had been approved and not withdrawn, and the Tribunal found that clause 186.223 was met, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met criterion cl.186.223 of Schedule 2 to the Regulations.