Chauhan (Migration)

This matter concerned an appeal by Mayur Chauhan and two other applicants, who applied for Subclass 186 (Employer Nomination Scheme) visas as members of the family unit of Mr Chauhan. The dispute centred on the approval of a nomination made by a company for the position of Sales and Marketing Manager for Mr Chauhan. The Tribunal was required to determine whether the nomination made by the company met the requirements of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nomination for the position of Sales and Marketing Manager, made by the nominating employer in respect of Mr Chauhan, had been approved by the Minister. This approval is a prerequisite for meeting criterion cl.186.223(2) of Schedule 2 to the Regulations. The Tribunal considered the evidence and the relevant regulatory provisions.

The Tribunal concluded that the nomination application made by the company in respect of Mr Chauhan for the Sales and Marketing Manager position had been approved. Consequently, the Tribunal found that criterion cl.186.223(2) of Schedule 2 to the Regulations was met. Given this finding, the Tribunal determined that the appropriate course was to remit the visa applications to the Minister for reconsideration of the remaining visa criteria. The applications of the second and third named applicants, being family members of Mr Chauhan, would be determined by reference to the outcome of his application upon remittal.