Daly (Migration)

The Administrative Appeals Tribunal (Cth) (AAT) considered an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Subclass 186 Employer Nomination Scheme visa, specifically the Temporary Residence Transition stream. The applicant, Mr Daly, sought to have the nomination approved for the position of a Technician and Trades Worker nec. The AAT had previously remitted the decision for reconsideration.

The primary legal issue before the Tribunal was whether the nominated position of Technician and Trades Worker nec met the requirements of the relevant legislative instrument, specifically the criteria for the Temporary Residence Transition stream of the Subclass 186 visa. This involved assessing whether the nominated occupation was genuine and whether the applicant possessed the necessary skills and experience for that role.

The Tribunal found that the nominated position of Technician and Trades Worker nec was a genuine occupation and that the applicant possessed the requisite skills and experience. The Tribunal noted that the applicant had been employed in the nominated occupation for a significant period and had demonstrated competence. Consequently, the Tribunal set aside the original decision and substituted a new decision approving the nomination.