Melia (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, made by an applicant who was the subject of an approved nomination by Berlan Pty Ltd for the occupation of Drainer. The Administrative Appeals Tribunal (the Tribunal) was required to review the decision concerning the applicant's visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nominated position must be the subject of an approved nomination, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information can be disregarded), that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination by Berlan Pty Ltd for the Drainer position had been approved and had not been withdrawn. Furthermore, the Tribunal was satisfied, based on the evidence presented, that no adverse information was known to Immigration concerning the nominator or associated persons, that the position remained available, and that the visa application was made within the prescribed six-month timeframe. Consequently, the Tribunal concluded that clause 186.223 was satisfied.

Given these findings, the Tribunal remitted the application for an Employer Nomination (Permanent) (Class EN) visa to the Minister for reconsideration, with the direction that the applicant meets the criteria specified in clause 186.223 of Schedule 2 to the Regulations.