LEE (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 Employer Nomination Scheme visa, specifically within the Temporary Residence Transition stream. The core dispute revolved around the approval of the nomination for the position of Hair or Beauty Salon Manager, which had initially been refused by the Department.

The Tribunal was required to determine whether the nomination met the criteria set out in clause 186.223 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was properly identified, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nominated position was indeed the same as that subject to the relevant nomination application and visa declaration, satisfying subclause 186.223(1). It also concluded that the nomination had been approved, not withdrawn, and remained available to the applicant, fulfilling subclauses 186.223(2), (3), and (4). Furthermore, the Tribunal determined that the visa application, lodged on 22 June 2016, was made within six months of the nomination's approval on 13 December 2018, thus meeting subclause 186.223(5).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied the criteria under clause 186.223.