De Castro Abano (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream, made by De Castro Abano. The applicant was nominated by Premier People Pty Ltd for the occupation of Recruitment Consultant. The core dispute concerned whether the nominated position was the subject of an approved nomination, a prerequisite for this visa subclass.

The Tribunal was required to determine if the applicant met the criteria for the visa, specifically whether the nominated position had been approved in accordance with the relevant regulations. This involved assessing whether the nomination application, made on or after 1 July 2017, identified the applicant in relation to the nominated position and whether that nomination had subsequently been approved.

The Tribunal reasoned that while the Department had initially refused the nomination, Premier People Pty Ltd had successfully applied for a review of that decision. On 18 March 2021, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that the requirement under cl.186.233(3) of the Regulations was now met.

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal also directed that the secondary applicants' applications should be reconsidered in light of the outcome of the primary applicant's application.