Lee (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Subclass 186 (Employer Nomination Scheme) visa nomination. The applicant, Knodaji Pty Ltd, had its nomination refused by the department, but the Tribunal subsequently approved the nomination. The matter was then remitted for reconsideration.

The primary legal issue before the Tribunal was whether the nomination submitted by Knodaji Pty Ltd met the relevant criteria for a Subclass 186 visa. Specifically, the Tribunal was required to determine if the nomination satisfied clause 186.223(2) of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that the criterion under cl.186.223(2) was met. Based on this satisfaction, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets the specified criteria for a Subclass 186 visa.