Oiwa (Migration)

The Administrative Appeals Tribunal considered an appeal by an employer concerning the refusal of a Subclass 186 (Employer Nomination Scheme) visa. The employer's nomination for the visa had initially been refused by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether the mandatory criterion in sub-clause 187.233(2) of the *Migration Regulations 1994* (Cth) was met by the visa applicant. This criterion relates to the requirements for an approved nomination for the Employer Nomination (Permanent) visa.

The Tribunal found that the mandatory criterion in sub-clause 187.233(2) was now able to be met by the visa applicant. Consequently, the Tribunal concluded that the matter should be remitted to the Department for reconsideration by a delegate of the Minister. The Tribunal directed that the applicant meets criterion cl.186.233(2) of Schedule 2 to the Regulations.