Bin Kader Meerah (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream. The applicant sought review of the Department's refusal of their visa application, which was predicated on the employer's nomination not being approved.

The Tribunal was required to determine whether the employer's nomination for the position of Chef had been approved, and if so, whether the other criteria under clause 186.223 of Schedule 2 to the Migration Regulations 1994 were met. Specifically, the Tribunal needed to ascertain if the nominated position was the same as that identified in the visa application, if the nomination had been approved and not withdrawn, if there was no adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal reasoned that it had previously set aside the Department's refusal and substituted a decision approving the appointment for the position of Chef. Based on the evidence presented, the Tribunal was satisfied that the approved position corresponded to the one nominated and declared in the visa application. It further found that the nomination had not been withdrawn, the position remained available, and the visa application was made within the requisite six-month timeframe following the nomination approval.

Consequently, the Tribunal found that the applicant met the requirements of clause 186.223. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the nomination requirements.