Anderson (Migration)

This matter concerned an appeal by Mr Anderson against the refusal of his application for a Subclass 186 (Employer Nomination Scheme) visa. The delegate had refused the application solely on the basis that the nomination by MIQ for Mr Anderson’s position was not approved, and had not assessed the other criteria under cl 186.233.

The primary legal issue before the Tribunal was whether the criteria set out in cl 186.233 of Schedule 2 to the Regulations were satisfied. This involved determining if the nomination had been approved, had not been withdrawn, if there was no adverse information known to the Department, if the position remained available to the applicant, and if the visa application was made within the prescribed timeframe after nomination approval.

The Tribunal found that the nomination criteria under cl 186.233 were met. This was based on the Tribunal's prior decision in a related application by MIQ, where the nomination for Mr Anderson's position had been approved and there was no evidence of subsequent withdrawal. The Tribunal also found no adverse information known to the Department regarding MIQ or Mr Anderson, that the position remained available, and that the visa application was lodged within the required six-month period. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.