SAEED (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 Employer Nomination Scheme visa application. The applicant, Mr. Saeed, was nominated by Nandi Services Pty Ltd for the position of transport company manager. The core dispute revolved around whether Mr. Saeed was the subject of an approved nomination, a prerequisite for the visa.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 186.223 of the Migration Regulations 1994. This clause specifies that for the Temporary Residence Transition stream, the position must be the subject of an approved nomination, the applicant must have been identified in that nomination, the nomination must not have been withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the nomination, initially refused by the Department, had been approved by the Tribunal on 1 June 2018. It was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the six-month timeframe. Furthermore, no adverse information was known to the Department concerning the nominating business or its associates. Consequently, the Tribunal concluded that the applicant met the requirements of clause 186.223.

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister. This included the applications of the second named visa applicants, who were family members of Mr. Saeed, to allow for a full assessment of the remaining visa criteria.