JALALI (Migration)

This matter concerned an appeal by Mr Jalali against a decision to refuse his Subclass 186 Employer Nomination Scheme visa application. The appeal was heard by the Administrative Appeals Tribunal. The core of the dispute revolved around whether the nominated position met the requirements of clause 186.233 of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position of Computer Network and Systems Engineer was the subject of an approved nomination, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominating employer, Picnet Pty Ltd, had indeed made the nomination for the specified position. Crucially, the Tribunal had previously set aside the Department's refusal of the nomination and substituted a decision to approve it. The Tribunal was satisfied that Picnet Pty Ltd was the prospective employer, the nomination had been approved and not withdrawn, there was no adverse information known to Immigration, the position remained available to Mr Jalali, and the visa application was made concurrently with the nomination.

Consequently, the Tribunal concluded that the requirements of clause 186.233 were met. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr Jalali had satisfied this specific criterion.