Martinsson (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream. The applicant, GSMC Pty Ltd as trustee for the Laurus Holdings Trust, sought review of a decision related to an approved nomination for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically clause 186.233(3) of Schedule 2 to the Regulations. This criterion had previously not been met.

The Tribunal considered new evidence presented during a hearing on 28 May 2019. Based on this new evidence, the Tribunal was satisfied that the previously unmet criterion, clause 186.233(3), could now be satisfied. Consequently, the Tribunal remitted the application for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria for the Subclass 186 visa, including clause 186.233(3).