Broughton (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa under the Direct Entry stream. The applicant sought review of a decision concerning her eligibility for the visa. The central dispute revolved around whether the applicant had lodged her visa application within the prescribed six-month timeframe following the approval of her employer's nomination.

The Tribunal was required to determine whether the applicant met the criteria under clause 186.233 of Schedule 2 to the Regulations, specifically the requirement that the visa application be made no more than six months after the nomination was approved. The applicant contended that while the initial nomination approval was dated 15 June 2016, a clerical error by the Police Service necessitated its correction. The corrected nomination approval was issued on 3 August 2016, and the applicant subsequently lodged her visa application on 24 January 2017, which was within the six-month period from the corrected approval date.

The Tribunal accepted the applicant's explanation regarding the clerical error and the subsequent correction of the nomination approval. It found that the corrected approval date of 3 August 2016 extended the timeframe for lodging the visa application to 3 February 2017. As the application was lodged on 24 January 2017, the Tribunal concluded that clause 186.233 was satisfied. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining eligibility criteria.