Kalpage (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Department of Immigration to refuse a nomination for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream. The applicant was the nominator, Whittlesea Bowls Club Inc., and the visa applicant was identified in the nomination.

The Tribunal was required to determine whether the relevant nomination had been approved, as required by clause 186.223(2) of Schedule 2 to the Migration Regulations. This clause mandates that the Minister has approved the nomination, that it has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the nominated position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the Department's initial refusal of the nomination on 10 August 2017 had been set aside by a previous Tribunal decision on 19 June 2019, which substituted a decision approving the nomination. Consequently, the Tribunal concluded that the nomination had been approved and that the applicant met the requirements of clause 186.223(2).

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 186.223(2) of Schedule 2 to the Regulations.