Akbas (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 (Employer Nomination Scheme) visa application under the Direct Entry stream. The primary applicant, Mr. Mehmet Akbas, sought reconsideration of a decision that had effectively refused his visa application. The Tribunal was required to determine whether the applicant met the criteria set out in clause 186.233 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination of a position.

The central legal issue was whether the nominated position of Chef de Partie, as put forward by Tulum Turkish Restaurant Pty Ltd, satisfied all the requirements of clause 186.233. This clause mandates that the nominated position must be the one identified in the visa application, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, that there must be no adverse information concerning the nominator or associated persons, that the position must remain available, and that the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the applicant met all the specified criteria under clause 186.233. It noted that the position of Chef de Partie was indeed the subject of an approved nomination, that the applicant was identified in relation to this position, and that Tulum Turkish Restaurant Pty Ltd was the prospective employer. The Tribunal was satisfied that the nomination had been approved, not withdrawn, and that no adverse information was known to Immigration. Furthermore, the position was still available, albeit now as a senior Chef de Partie, and the visa application was made within the six-month timeframe following the nomination's approval.

Consequently, the Tribunal remitted the primary applicant's visa application to the Minister for reconsideration, with a specific direction that the applicant meets the criteria under clause 186.233. The Tribunal also recommended that the secondary applicant's application be reconsidered concurrently, given its dependence on the primary applicant's visa status.