Mann (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa. The applicant's employer had initially had its nomination for the applicant refused by the Department. The applicant then sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination for a position with her employer that had not ceased, as required by clause 186.223 of the Migration Regulations 1994. This clause requires, among other things, that the nominated position be the subject of an approved nomination application, that the nomination has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that while the Department had initially refused the nomination, the Tribunal itself had subsequently set aside that refusal and substituted a decision approving the nomination. Based on the evidence before it, including the employer's documentation and the applicant's employment records, the Tribunal was satisfied that all the requirements of clause 186.223 had been met. The Tribunal therefore remitted the application for reconsideration by the Department with a direction that the applicant met the criteria under clause 186.223. The applications of the second and third named applicants were to be determined by reference to the outcome of the first applicant's remitted application.