Pardeep (Migration)

This matter concerned an application for review of a decision by the Department of Immigration to refuse to approve an employer's nomination for a Subclass 186 Employer Nomination Scheme visa, Temporary Residence Transition stream. The applicant was the prospective visa holder, and Blueshell Holdings Pty Ltd was the nominating employer. The decision was made by Member Mary Sheargold of the Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause, as applicable, required that the nomination be approved, not subsequently withdrawn, that there be no adverse information concerning the nominator or associated persons, that the position remained available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the employer had applied for approval of the position of Cook for the first named applicant. While the Department initially refused this nomination, the Tribunal, on review, set aside that decision and substituted a decision to approve the nomination under subregulation 5.19(3). Consequently, the Tribunal found that the requirement under clause 186.223(2) was met.

The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant satisfied the criteria under clause 186.223(2) of Schedule 2 to the Regulations. The Minister was to consider the remaining visa criteria, including those pertaining to secondary applicants.