Haque (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Temporary Residence Transition stream, for a cook. The applicant's nomination was initially refused by the Department but was subsequently approved by the Tribunal on review. The primary issue before the Tribunal was whether the applicant had met the requirements of regulation 186.223 of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination that identified the visa applicant, and if the nomination had been approved and not withdrawn. Further, the Tribunal had to consider whether there was any adverse information known to Immigration about the nominator or associated persons, or if such information could be disregarded. The Tribunal also needed to assess if the nominated position remained available to the applicant and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position met the requirements of subregulation 186.223(1), having been approved and not withdrawn as per subregulations 186.223(2) and (3). It was also satisfied that there was no adverse information concerning the nominator or associated persons, that the position remained available, and that the visa application was made within the prescribed timeframe, satisfying subregulations 186.223(3A), (4), and (5). The Tribunal also found that the requirements of subregulation 186.311 were met.

Consequently, the Tribunal remitted the applications for Subclass 186 (Employer Nomination Scheme) visas for reconsideration. The direction was that the primary applicant met the criteria under cl.186.223, and the secondary applicants met the criteria under cl.186.311 of Schedule 2 to the Regulations.