Kellett (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa under the Direct Entry stream, brought by the applicant, Kellett. The dispute arose from the refusal of the visa application, which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines specific criteria relating to the nominated position, the employer, and the timing of the application, including that the nomination must have been approved and not subsequently withdrawn, and that there must be no adverse information known to Immigration, or that such information is reasonable to disregard.

The Tribunal found that the nominated position for Bricklayer was the same as that in the visa application declaration and that the applicant was identified in the nomination. It was also satisfied that the employer was the nominator and that the nomination had been approved by the Minister. Crucially, the Tribunal determined that the applicant met the requirements of clause 186.233.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, with a direction that the applicant satisfies clause 186.233.