Dhingra (Migration)

This matter concerned an appeal by an applicant for a Subclass 186 (Employer Nomination Scheme) visa, specifically within the Temporary Residence Transition stream. The dispute centred on whether the applicant met the requirements of clause 186.223(2) of Schedule 2 to the Migration Regulations 1994 and was the subject of an approved nomination. The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant satisfied the criteria under clause 186.223(2), which necessitates that the nominated position be the subject of an approved nomination application identifying the visa applicant. This includes ensuring the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the eligibility of a secondary applicant as a member of the primary applicant's family unit.

The Tribunal found that the applicant met the requirements of clause 186.223(2). It noted that a related nomination application had been approved by the Tribunal on 30 April 2020. The Tribunal was satisfied that the nomination had not been withdrawn, there was no adverse information concerning the applicant or nominator, the position of Real Estate Agent had been occupied by the applicant since 9 December 2014 (with an exclusion for unpaid leave), and the visa application was made within six months of the nomination's approval. Consequently, the Tribunal remitted the visa application to the Minister for consideration of the remaining criteria. The Tribunal also directed that the primary applicant met clause 186.223 and the secondary applicant met clause 186.311.