Yit (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Temporary Residence Transition stream of the Subclass 186 (Employer Nomination Scheme) visa. The applicant's nominating employer, DJ Facilities Pty Ltd, had its nomination for the position of Gardener (General) refused by the Department. The Administrative Appeals Tribunal (AAT) was asked to review this decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position must have been approved, not subsequently withdrawn, and still be available to the applicant. It also requires that the visa application be made within six months of the nomination's approval and that there be no adverse information known to the Department about the nominator or associated persons, or that such information could reasonably be disregarded.

The Tribunal found that the nomination had been approved by the Tribunal on 30 September 2020, had not been withdrawn, and the position remained available to the applicant. Furthermore, the visa application was made within the six-month timeframe, and there was no evidence of adverse information known to the Department concerning the nominator or associated persons. Consequently, the Tribunal concluded that clause 186.223 was satisfied.

The Tribunal remitted the application for an Employer Nomination (Permanent) (Class EN) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria set out in clause 186.223 of Schedule 2 to the Regulations.