Harris (Migration)

The Administrative Appeals Tribunal considered an application for an Employer Nomination (Permanent) (Class EN) visa, subclass 186 (Employer Nomination Scheme), under the Direct Entry stream. The dispute concerned whether the applicant met the requirements for the visa, specifically in relation to an approved nomination, after a previous refusal by a delegate was subsequently considered by the Tribunal. The second applicant's application was contingent on the outcome of the first applicant's application.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for the subclass 186 visa, particularly clause 186.233 of Schedule 2 to the *Migration Regulations 1994* (Cth), in light of the nomination's history. The Tribunal was required to decide whether to uphold the delegate's refusal or to find that the applicant satisfied the relevant visa requirements.

The Tribunal reasoned that the delegate's previous refusal of the nomination was not determinative. Instead, the Tribunal exercised its power to remit the applications for reconsideration. In doing so, the Tribunal directed that the first applicant was to be considered as meeting the criteria specified in clause 186.233 of Schedule 2 to the Regulations. Consequently, the applications were remitted to the Department for further reconsideration, with the second applicant's application to be determined based on the outcome of the first applicant's remitted application.