Williamson (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically within the Temporary Residence Transition stream. The applicant sought review of a decision by the Department of Immigration to refuse their nomination. The Tribunal, presided over by Member Keith Kendall, was tasked with reconsidering the applicant's eligibility.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the relevant regulations. This clause pertains to the approval of a nomination for a permanent visa, requiring that the nominated position be identified in an application for approval, that the applicant be identified as a visa holder in relation to that position, and that the Minister has approved the nomination, which has not been withdrawn. Further, the clause mandates that there be no adverse information known to Immigration about the nominator or associated persons, or that such information be reasonably disregarded, that the position remains available to the applicant, and that the visa application was lodged no more than six months after the nomination's approval.

The Tribunal found that, following submissions from the nominating employer and a review of the departmental and Tribunal files, the applicant satisfied the criteria under clause 186.223. Specifically, the Tribunal determined that the nomination had been approved and not withdrawn, that no adverse information was known concerning the applicant or associated persons, that the nominated position remained available and had been occupied by the applicant since November 2013, and that the visa application was made within the six-month timeframe following the nomination's approval on 14 February 2020.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria specified in clause 186.223 of Schedule 2 to the Regulations.