PARK (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Temporary Residence Transition stream. The applicant sought review of a decision concerning an approved nomination for a position. The Tribunal, constituted by C. Packer, was required to consider the validity of the nomination in relation to the visa application.

The primary legal issue before the Tribunal was whether the nomination for the position met the requirements of clause 186.223 of Schedule 2 to the relevant regulations. This clause mandates that the position must be the subject of an approved nomination application that identifies the visa applicant and was made in relation to the current visa application. The Tribunal also needed to determine the appropriate course of action given its findings on the nomination.

The Tribunal reasoned that in a previous decision (Tribunal case 1807761), it had already found that the nominator, U SOMMA NOMINEES PTY LTD, met the requirements of regulation 5.19 for the approval of the nomination. Consequently, the Tribunal set aside the delegate's decision to refuse the nomination application and substituted a decision approving it. This satisfied clause 186.223(2) of the regulations. Given this finding, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met criterion cl.186.223(2).