CHO (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, brought before the Tribunal by the applicant and their nominating employer, JC & G International Pty Ltd. The dispute arose from the Department's refusal to approve the nomination for the position of Marketing Specialist, which the applicant sought to rely upon for their visa application. The Tribunal was tasked with reviewing this refusal and determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of Schedule 2 to the Regulations, which governs the nomination requirements for the Subclass 186 visa. This clause necessitates that the nominated position be approved, not withdrawn, still available to the applicant, and that the visa application be lodged within six months of the nomination's approval. Furthermore, it requires that there be no adverse information known to Immigration concerning the nominator or associated persons, or that any such information be reasonably disregarded.

The Tribunal found that the applicant met all the stipulated requirements of clause 186.223. It was satisfied that the nomination had been approved by the Minister, had not been withdrawn, and that the position remained available to the applicant. The Tribunal also confirmed that the visa application was made within the six-month timeframe following the nomination's approval and that no adverse information was known to Immigration regarding the nominator or associated individuals. Consequently, the Tribunal concluded that the applicant had satisfied this specific criterion.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria. The Tribunal directed that the applicant had met the requirements of clause 186.223 for the Subclass 186 visa.