Lee (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of a nominated position, specifically that of an accountant.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the Subclass 186 visa, as required by clause 186.223 of the Migration Regulations 1994. This clause outlines several conditions, including that the nominated position must have been approved, not subsequently withdrawn, that there was no adverse information concerning the nominator or associated persons, that the position remained available to the applicant, and that the visa application was lodged within six months of the nomination approval.

The Tribunal found that the applicant met the criteria under clause 186.223. It noted that the Department's decision refusing the nomination had been set aside and a decision approving the nomination substituted on 14 June 2018. The Tribunal was satisfied that the nomination had not been withdrawn, no adverse information was known to the Department, the position remained available, and the application was made within the prescribed timeframe. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first applicant met the criteria under clause 186.223. The applications of the second named applicants, who applied as family members, were also remitted for full reconsideration.