Gomes Faim (Migration)

This matter concerned an appeal by the applicant, Gomes Faim, against the refusal of a Subclass 186 (Employer Nomination Scheme) visa. The core of the dispute revolved around the applicant's eligibility under clause 186.233 of the Migration Regulations, specifically concerning the nominated position and the approval of the nomination itself. The decision was made by a member of the Tribunal.

The Tribunal was required to determine whether the nominated position met the criteria outlined in clause 186.233, including whether the position was the subject of an approved nomination, whether the employer was the nominator, and whether the nomination had been approved and not withdrawn. Additionally, the Tribunal had to consider whether there was any adverse information concerning the nominator or associated persons, and if the position remained available to the applicant within the prescribed timeframe.

The Tribunal found that the nominated position was indeed the same as that declared in the visa application and that the employer was the nominator. Crucially, the Tribunal had previously set aside a departmental refusal and substituted a decision approving the appointment for the position of Program or Project Administrator. Based on this prior finding, the Tribunal concluded that the applicant met the requirements of clause 186.233.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first applicant met the criteria specified in clause 186.233.