Choi (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 (Employer Nomination Scheme) visa application, specifically within the Temporary Residence Transition stream. The primary dispute revolved around the approval of the nomination for the position of Wall and Floor Tiler, which had initially been refused by the Department of Immigration.

The Tribunal was required to determine whether the nomination for the position met the criteria stipulated in clause 186.223 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was properly identified in the application, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominating employer, the Trustee for Danny Ryu Family Trust, had applied for approval of the Wall and Floor Tiler position for the first applicant. Although the Department initially refused this nomination, the Tribunal, on review, set aside that decision and substituted an approval under subregulation 5.19(3). Consequently, the Tribunal concluded that the first applicant met the requirements of clause 186.223(2).

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first applicant had satisfied the criteria under clause 186.223(2). The Minister was to proceed to consider the remaining criteria for the visa, including those pertaining to the second applicant.