Jiang (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Junior Club Catering Pty Ltd, which had lodged a nomination for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The initial decision refused this nomination.

The primary legal issue before the Tribunal was whether the refusal of the employer's position nomination was correct, and consequently, whether the applicant could satisfy the requirements for a Subclass 186 visa.

The Tribunal found that the original decision to refuse the nomination was flawed. It set aside that decision and substituted a new decision approving the nominated position. Based on this revised assessment, the Tribunal was satisfied that the applicant now met the criteria under clause 186.223(2) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the matter to the Department of Home Affairs for reconsideration by a delegate of the Minister, with the direction that the applicant satisfies the specified visa criteria.