Prince (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 Employer Nomination Scheme visa, Temporary Residence Transition stream. The applicant, Prince, sought review of a decision concerning the nomination for his visa. The employer, Balluff Pty Ltd, had initially applied for approval of the position of Sales Representative (Industrial Products) for the applicant, which was refused by the Department of Immigration and Border Protection.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 186 visa, specifically clause 186.223 of Schedule 2 to the Migration Regulations. This clause mandates that the nominated position must have been approved, not subsequently withdrawn, and that there is no adverse information concerning the nominator or associated persons, or that such information can be disregarded. Furthermore, the position must remain available to the applicant, and the visa application must have been lodged within six months of the nomination's approval.

The Tribunal found that the employer's nomination, initially refused by the Department, had been set aside and substituted with an approval by the Tribunal on 2 January 2019. It was satisfied that the nomination had not been withdrawn, no adverse information existed regarding the nominator or associated persons, and the position remained available. The Tribunal also confirmed that the visa application was made within the requisite six-month period following the nomination's approval. Consequently, the Tribunal concluded that the applicant met the criteria under clause 186.223.

The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The applications of the second, third, and fourth named applicants, who applied as members of the first applicant's family unit, were to be determined by reference to the outcome of the first applicant's application upon remittal.