SANDHU (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, made by an applicant nominated by Bajarang Pty Ltd ATF Chaukra Family Trust. The core dispute concerned whether the applicant's employer nomination had been approved, a prerequisite for the visa.

The Tribunal was required to determine if the applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations, specifically whether the nomination had been approved by the Minister. The applicant had applied for the visa based on a nomination that had initially been refused by the Department.

The Tribunal reasoned that the applicant's employer nomination had, in fact, been approved by the Tribunal itself on 19 October 2018, when it set aside the Department's refusal and substituted a decision approving the nomination. As this approval satisfied clause 186.223(2), the Tribunal found that the applicant met this specific criterion. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining eligibility requirements.