Yin (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. The applicant, identified as Yin, sought review of a decision concerning her visa application, which was before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination for the position of Data Administrator with her employer, and whether that nomination had ceased to be valid. This required the Tribunal to consider the requirements of clause 186.223 of the Migration Regulations 1994, which outlines the criteria for an approved nomination in the Temporary Residence Transition stream.

The Tribunal found that while the employer did not have an approved nomination at the time of the Department's initial decision, the Tribunal itself had subsequently set aside that refusal and approved the nomination on 22 December 2021. Based on the evidence presented, including the employer's lodgement of a review application, the Tribunal was satisfied that all sub-criteria of clause 186.223 had been met. These included the nomination being approved and not withdrawn, no adverse information being known to Immigration, the position remaining available to the applicant, and the visa application being lodged within six months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 the criteria under clause 186.223. The Minister was to consider the remaining criteria for the Subclass 186 visa.