KOCHHAR (Migration)

This matter concerned an appeal before the Migration Review Tribunal regarding a Subclass 186 Employer Nomination (Permanent) visa, specifically under the Temporary Residence Transition stream. The applicant sought to have a nomination for an Early Childhood Teacher position approved, which had initially been refused by the Department. The nominating employer, Heritage House Childcare & Early Learning Centres, represented by Mr. Hoomayan Kermani, appealed this refusal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of the Migration Regulations 1994. This clause outlines several requirements for an approved nomination, including that the nominated position must be available to the applicant, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or their associates, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nomination had been approved by the Tribunal itself, setting aside the Department's initial refusal. It was satisfied that the nomination had not been withdrawn, no adverse information was known to the Department concerning the nominator or their associates, and evidence, including an addendum to the employment contract, demonstrated the position remained available to the applicant. Furthermore, the visa application date was within the six-month timeframe following the nomination's approval.

Consequently, the Tribunal remitted the primary and secondary applicants' visa applications to the Minister for reconsideration, with a direction that the first applicant met the criteria under clause 186.223.