FARHAD (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding the refusal of a Subclass 186 Employer Nomination Scheme visa. The applicant, Suraiya Farhad, sought review of the decision to refuse her visa application, which was predicated on the initial refusal to approve the nomination by her sponsoring employer, Comsec Training Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines the criteria for the nomination of a position in the Temporary Residence Transition stream, including that the nomination must be approved, not withdrawn, and that there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be disregarded. Additionally, the nominated position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that Comsec Training Pty Ltd's nomination for the position of Training and Development Professional had been approved by the AAT on review, overturning the Department's initial refusal. The Tribunal was satisfied that the nominating employer was the entity that would employ the applicant, that the nomination had been approved and not withdrawn, and that there was no adverse information concerning the nominator or associated persons. Furthermore, the Tribunal accepted that the position remained available to the applicant and that her visa application was made within the prescribed six-month period after the nomination's approval.

Consequently, the Tribunal concluded that the requirements of clause 186.223 were met. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant had satisfied the nomination requirements.