Grant (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The Tribunal was required to determine whether the nomination for the position of Plumber had been approved in accordance with the relevant legislative criteria.

The primary legal issue before the Tribunal was the interpretation and application of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause sets out the requirements for an approved nomination, including that the nominated position must be the subject of an application for approval, that the nomination must have been approved and not withdrawn, that there must be no adverse information concerning the nominator or associated persons, that the position must remain available to the applicant, and that the visa application must be made within six months of the nomination approval.

The Tribunal found that the nominated position was indeed the subject of a valid nomination application and that the position identified in the visa application declaration matched the nominated position. It was also satisfied that the nomination had been approved, had not been withdrawn, and that the position remained available to the applicant. Furthermore, the Tribunal concluded that the visa application was lodged within the six-month timeframe following the nomination approval. Consequently, the Tribunal determined that the applicant met the criteria specified in clause 186.223.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first named applicant had satisfied the requirements of clause 186.223. The Minister was to consider the remaining criteria for the grant of the visa.