Sami (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 Chef, with the central dispute revolving around whether the applicant had an approved nomination for the position that had not ceased.

The Tribunal was required to determine whether the applicant satisfied clause 186.223 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 in the Temporary Residence Transition stream, which identifies the visa applicant and has not been subsequently withdrawn. The Tribunal also considered the applications of the second, third, and fourth named applicants, who sought to be included as members of the family unit of the primary applicant.

The Tribunal found that while the employer did not have an approved nomination at the time of the Department's initial decision, the employer subsequently lodged a review application concerning the refusal of its nomination. The Tribunal set aside the Department's refusal and substituted a decision approving the nomination for the position of Chef. Consequently, the Tribunal was satisfied that clause 186.223 was met for the primary applicant. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria, noting that the applications of the other named applicants would be determined by reference to the outcome of the primary applicant's application.