Diener (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination Scheme visa, specifically under the Direct Entry stream. The applicant's nomination had been refused, and the decision was under review by the Tribunal. The Tribunal, constituted by C. Packer, was tasked with reconsidering the refusal of the nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of Schedule 2 to the relevant regulations. This clause mandates that the nominated position must be the subject of an approved nomination, that the nominator must be the prospective employer, that there must be no adverse information known to Immigration concerning the nominator or associated persons (or such information must be disregarded), that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nominator, AKA Services Pty Ltd, met the requirements for approval of the nomination. It was satisfied that AKA Services Pty Ltd would employ the applicant, that no adverse information was known to Immigration, and that the position remained available to the applicant, noting the applicant currently worked on a contract basis in that role. The Tribunal also confirmed that the visa application was made on the same date the nominator applied for approval of the nomination. Consequently, the Tribunal concluded that clause 186.233 was met.

As a result of these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 186.233. The Minister was to consider the remaining criteria for the visa.