Bhuiyan (Migration)

In *Bhuiyan (Migration)*, the Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Temporary Residence Transition stream. The applicant, a cook, sought review of a decision concerning their approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 186 visa, particularly in relation to the approval of the employer's nomination. The Tribunal was required to determine if the nomination had been approved and if it remained valid.

The Tribunal reasoned that the matter should be remitted for reconsideration. It directed that the applicant meets the criteria under cl.186.223(2) of Schedule 2 to the Regulations. This clause pertains to the Minister's approval of the nomination, the absence of withdrawal, and the continued availability of the nominated position to the applicant. The Tribunal's decision indicates that the nomination application had been approved by the Tribunal, leading to the remittal for further consideration.