Qiu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant, Mr. Qiu, was the nominee for a position as a Café or Restaurant Manager, and the dispute concerned the approval of the nomination for this position.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position as a Café or Restaurant Manager was approved, as required by clause 186.223(2) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination application that identifies the visa applicant.

The Tribunal found that while the Department of Home Affairs had initially refused the nomination application, the AAT had subsequently set aside that decision and substituted an approval of the nomination on 16 October 2020. The Tribunal noted that it had restricted its consideration to the specific issue of the nomination's approval, as per its President's Direction. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the applicant met the criterion under clause 186.223(2).