Chen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Subclass 186 Employer Nomination (Permanent) (Class EN) visa, Labour Agreement stream, for a skilled meat worker. The applicant's employer had sought to nominate the applicant under a labour agreement.

The Tribunal was required to determine whether the requirements of the relevant labour agreement had been met in relation to the applicant's visa application. A further issue arose concerning whether the members of the family unit of the primary applicant were also the subject of an approved nomination.

The Tribunal found that the nomination had subsequently been approved following the initial refusal. It was satisfied that the labour agreement requirements had been met. Consequently, the Tribunal remitted the decision to the Department of Home Affairs for reconsideration of the visa application, including the applications of the family members, with a view to granting the visa.