Chien (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the temporary residence transition stream. The applicant, identified as a holder of a Subclass 457 visa, relied on a nomination made by Knet Technology Pty Ltd. The core dispute revolved around whether the relevant nomination had been approved, as required by clause 186.223(2) of Schedule 2 to the Migration Regulations. The Administrative Appeals Tribunal (AAT) considered the applicant's claims and the evidence presented.

The Tribunal was required to determine if the nomination for the position of computer network systems engineer had been approved, satisfying clause 186.223(2). This clause mandates that the Minister has approved the nomination, and that the nomination has not been subsequently withdrawn. It also requires the nominated position to be the one identified in the visa application and in relation to which the applicant made a specific declaration.

The Tribunal reasoned that the applicant's employer nomination, initially refused by the Department, had subsequently been approved by the Tribunal on 28 September 2018, following a review of the Department's decision. As this approval meant the applicant met the criterion under clause 186.223(2), the Tribunal found it appropriate to remit the visa application to the Minister for consideration of the remaining eligibility criteria. The Tribunal directed that the applicant met clause 186.223(2) for the Subclass 186 visa.