The applicant has conceded at the outset that he has not undertaken nor passed any English language test. He does not seek to contest the delegate's findings. Rather, he indicated to the Tribunal that he will seek Ministerial intervention with the Tribunal's support. The Tribunal's findings and comments regarding Ministerial intervention are set out below.
The applicant has not undertaken the required English language testing nor does he hold a passport of a kind specified in LIN 19/216. There is no evidence available to suggest that the applicant can meet the requirements of cl 186.222 of Schedule 2 to the Regulations, and so the Tribunal finds that he does not meet that clause.
The applicant has only sought to satisfy the criteria for a Subclass 186 visa in the Temporary Residence Transition stream. No claims have been made in respect of the other visa streams. As the requirements that must be met by a person seeking the visa in the Temporary Residence Transition stream have not been met, the decision under review must be affirmed.
[2]
The applicant provided the Tribunal and the Department with a body of supporting documents to assist in his quest to have this application brought to the Minister's attention. His representative noted that although the Minister's latest guidelines for intervention, set out in the (the Minister's Instruction), are far more stringent than the previous guidelines, this applicant does fall within the class of persons to whom the Minister may be prepared to intervene.
Ministerial Instruction - requests for use of the Minister's intervention powers under sections 351 and 501J of the
Section 8 of the Minister's Instruction outlines the circumstances in which an application may be referred. Relevantly, s 8.8 of the Minister's Instruction states that requests inappropriate for referral require the Department to assess whether any of the section 13 criteria apply to the application. In this case, the Tribunal is satisfied that one of the section 13 criteria applies.
Specifically, s 13.1.2 of the Minister's Instruction invites referral where the individual, in this case the applicant, has the skills that are required for a relevant skilled occupation mentioned in section 14; and is presently working in the relevant skilled occupations; and has provided the evidence required by section 14.
Section 14 sets out the evidence of relevant skills required. Section 14.1 defines a "relevant skilled occupation" as any occupation listed on the Medium and Long-term Strategic Skills List (MTSSL); the Short-term Skilled Occupation list (STSOL), the Regional Occupation List (ROL), or the Core Skills Occupation List (CSOL).
Section 14.2 states that the evidence required in relation to the relevant skilled occupation is either a past or current positive skills assessment in relation to the skills required for the relevant skilled occupation, or evidence of an appropriate qualification in those skills, and evidence that the individual is presently working in the relevant occupation, and if the individual is working as an employee - evidence of support from the individual's employer.
The Tribunal is satisfied that the applicant has given the Tribunal sufficient documentation to discharge all of these obligations.
While the representative submitted that the applicant's nominated skilled occupation appears on all relevant skills shortage lists in Australia, specific reference was made to the CSOL, and having considered that list, the Tribunal is satisfied that the occupation of Painter, ANZSCO 332211, appears on that list, and so the requirement in section 14.1 of the Minister's Instruction is met.
The applicant provided the Department with a copy of his Certificate III in Painting and Decorating issued by Biga Training on 13 February 2013. Both the outdated ANZSCO classification for a Painting Trades Worker and the current OSCA classification of a Painter indicate that the occupation is a Skill Level 3, and that an AQF Certificate III including at least 2 years of on the job training. Therefore, the Tribunal is satisfied that the applicant's Certificate III provides evidence of an appropriate qualification in the skills of a Painter.
The applicant has provided written statements from Mr John Dib, the director of Dib Group Pty Ltd and Ms Lila Younis, Chief Operating Officer of Dib Group Pty Ltd. Both these signed and dated statement attest to the fact that the applicant has been employed as a Painter by his nominating sponsor since 2018, and both statements note he continues to be employed by Dib Group Pty Ltd today. The statements both attest to the fact that the applicant is employed in his nominated skilled occupation of Painter. Indeed, Ms Younis noted that:
[3]
Mr Jabbour is not a standard commercial painter. He is a specialised painter with extensive experience in the unique operational and safety requirements of service station environments. His work includes complex surface preparation, fuel-resistant coatings, compliance-based colour demarcation, and critically also involves precision line marking for heavy fuel tanker access and underground storage tank replenishment areas.
[4]
The Tribunal is satisfied that Ms Younis's and Mr Dib's statements provide evidence both that the applicant is working in his nominated skilled occupation, and that he is doing so with Dib Group, thus evidencing that his employer has verified his employment. Therefore, having considered the evidence presented, the Tribunal is satisfied that the applicant meets the requirements of s 14.2 of the Minister's Instruction.
Based on all of this evidence, the Tribunal is satisfied that the applicant meets the threshold for referral to the Minister for intervention in compliance with the Minister's Instruction.
[5]
The Tribunal affirms the decision not to grant the applicant an Employer Nomination (Permanent) (Class EN) visa.
[6]
Representative for the Applicant: Ms Noelle Coorey
[7]
186.223 (1) The position to which the application relates is the position:
[8]
(3) The nomination has not subsequently been withdrawn.
[9]
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
[10]
(4) The position is still available to the applicant.
[11]
(5) The application for the visa is made no more than 6 months after the Minister approved the nomination.
Cases Cited (1)
Jabbour (Migration) [2026] ARTA 352 (4 March 2026)