KUSKIWALA (Migration)

The Administrative Appeals Tribunal (Cth) was asked to review a decision by the Department of Home Affairs to refuse a nomination application under the Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream. The applicants were Mr. Kuskiwala and his spouse. The Tribunal found that the first named applicant met the requirements for the nomination.

The primary legal issue before the Tribunal was whether the first named applicant satisfied the criteria for the Subclass 186 visa nomination, specifically concerning the requirements of the Temporary Residence Transition stream. This involved assessing whether the applicant had held a substantive visa for at least two years and had been employed full-time in the nominated occupation by the nominator for at least three years.

The Tribunal's reasoning focused on the evidence presented regarding the applicant's employment history and visa status. It was determined that the applicant had indeed met the requisite periods of employment and visa holding. Consequently, the Tribunal set aside the original refusal decision and remitted the matter to the Department of Home Affairs for reconsideration of the nomination application.