Chhikara (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Subclass 186 (Employer Nomination Scheme) visa application. The applicant sought to rely on a nomination for the position of Café or Restaurant Manager under the direct entry stream. The core dispute revolved around the validity and approval of the employer's nomination, which had been refused by the Department.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 186 visa, specifically focusing on clause 186.233 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was properly identified, whether the nominator was the prospective employer, whether the nomination had been approved, and crucially, whether any adverse information concerning the nominator or associated persons was either absent or reasonably disregarded.

The Tribunal found that the nomination for the position of Café or Restaurant Manager had been approved, and that the applicant was identified in the nomination application. It also satisfied itself that the nominator was the prospective employer and that the position remained available. Crucially, the Tribunal determined that it was reasonable to disregard any adverse information concerning the nominator or associated persons, thereby satisfying clause 186.233(4A). Having found that the applicant met this specific criterion, the Tribunal concluded that the remaining visa criteria should be considered by the Minister.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfied the requirements of clause 186.233.