QIN (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Temporary Residence Transition stream, for the occupation of Cook. The applicants, represented by their registered migration agent, sought review of a decision concerning their visa application. The core of the dispute revolved around whether the applicants met the criteria stipulated in clause 186.223 of Schedule 2 to the relevant regulations.

The Tribunal was required to determine if the applicants had satisfied clause 186.223, which mandates that the nominated position must be the subject of an approved nomination, that the applicant is identified in relation to that position, that the employer is the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered clause 186.311 in relation to the secondary applicant.

The Tribunal found that the nomination by Hidden Dragon BBQ Noodle House Pty Ltd for the Cook position had been approved and not withdrawn. It was satisfied, based on the evidence, that no adverse information was known to Immigration concerning the nominator or associated persons, that the position remained available to the applicant, and that the visa application was lodged within the prescribed timeframe. Consequently, the Tribunal concluded that clause 186.223 was met for the primary applicant and clause 186.311 for the secondary applicant.

The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the primary applicant meets clause 186.223 and the secondary applicant meets clause 186.311 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the grant of the visa.