LIU (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant for a Subclass 186 Employer Nomination (Permanent) (Class EN) visa, Temporary Residence Transition stream. The dispute concerned whether the applicant met the criteria for an approved nomination, which had initially been refused by the Department.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements for applicants in the Temporary Residence Transition stream, including that the nominated position must have been approved, the applicant identified in the nomination, the nomination not withdrawn, no adverse information known to the Department, the position remaining available, and the visa application lodged within six months of the nomination approval.

The Tribunal found that the Department's decision to refuse the nomination application was incorrect and substituted a decision approving the nomination. It was satisfied that the nomination had been approved and not withdrawn, that no adverse information was known to the Tribunal, that the nominated position remained available to the applicant, and that the visa application was made within the prescribed timeframe. Consequently, the Tribunal concluded that clause 186.223 was met.

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister. The Tribunal directed that the first named applicant met the criteria under clause 186.223 for a Subclass 186 visa, and that the applications of the second named visa applicants should also be reconsidered in full.