1510251 (Migration)

This matter concerned an application for review of a decision by the Department of Immigration to refuse to approve a nominated position for a Minister of Religion. The nominating employer, Disciples Church Incorporated, sought review of this refusal before the Tribunal. The applicant sought a Subclass 186 (Employer Nomination Scheme) visa.

The Tribunal was required to determine whether the applicant met the criteria under clause 186.233 of Schedule 2 to the Regulations, specifically concerning the nominated position. This involved assessing whether the nominated position was approved, whether the employer was the nominator, if the nomination had been withdrawn, if there was adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was made within six months of the nomination approval.

The Tribunal found that the nominated position met the requirements of clause 186.233. It was satisfied that the employer was the nominator, the nomination had been approved and not withdrawn, there was no adverse information, the position was available, and the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 186.233.