Lu (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa under the temporary residence transition stream. The applicant sought review of a decision to refuse the visa, which was linked to an employer's nomination application.

The Tribunal was required to determine whether the employer's nomination met the criteria set out in clause 186.223 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal needed to assess whether the nominated position was subject to an approved nomination, if there was any adverse information concerning the nominator or associated persons, and if the position remained available to the applicant.

The Tribunal found that the first applicant met the criteria under cl.186.223(1) and (2) of Schedule 2. It also determined that it was reasonable to disregard any adverse information known to Immigration concerning the person who made the nomination, pursuant to cl.186.223(3A). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the specified nomination requirements.