Pincha Dewage (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 Employer Nomination Scheme visa, specifically within the Temporary Residence Transition stream. The applicant sought a permanent visa as a hairdresser, based on an approved nomination by their employer. The core of the dispute revolved around whether the nomination had been validly approved, considering past adverse information concerning the nominator.

The Tribunal was required to determine if the nomination met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations. This involved assessing whether the nominated position was correctly identified in the application, if the nomination had been approved and not withdrawn, if there was any adverse information about the nominator or associated persons, and if the position remained available to the applicant within the prescribed timeframe.

The Tribunal, referencing its previous decisions in cases 1714900 and 1727600, found that the applicant satisfied subclause 186.223(1) concerning the nominated position. Crucially, the Tribunal determined that the nomination had been approved and had not been withdrawn, aligning with its findings in case 1727600 where it had previously disregarded adverse information due to changes in the nominator's management practices and ownership. Based on these findings, the Tribunal concluded that the applicant met criterion 186.223.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the grant of the Subclass 186 visa, with a direction that the applicant had met clause 186.223.