Keogh (Migration)

This matter concerned an appeal by an applicant for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Temporary Residence Transition stream. The core dispute revolved around whether the nomination for the applicant's position as an arborist had been approved, a prerequisite for visa grant. The decision was made by a member of the Tribunal.

The Tribunal was required to determine whether the nomination met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions, including that the nominated position must be the subject of an approved nomination, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that a previous decision in case 1805917 had already set aside a refusal and substituted an approval for the nomination made by Taylors Tree and Stump Removal Pty Ltd. Consequently, the Tribunal concluded that clause 186.223(2) was satisfied. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria. If the primary applicant met these remaining criteria, then the secondary applicants, as members of his family unit, would also satisfy their respective visa requirements.