Boyce (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant for a Subclass 186 Employer Nomination Scheme visa under the Temporary Residence Transition stream. The applicant sought review of a decision to affirm the refusal of their visa application, which stemmed from the refusal of an associated nomination application.

The primary legal issue before the Tribunal was whether the nomination of the position for the applicant had been approved, as required by clause 186.223 of the Migration Regulations 1994. This clause mandates that the nominated position must be the subject of an approved nomination application that identifies the visa applicant and relates to the position declared in the current visa application.

The Tribunal reasoned that for the nomination to be approved, several conditions must be met: the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department of Immigration about the nominator or associated persons, or any such information must be reasonably disregarded. Furthermore, the nominated position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval. As the Tribunal concluded that the decision under review should be affirmed, it implicitly found that one or more of these conditions had not been satisfied.