Seow (Migration)

The Administrative Appeals Tribunal considered an appeal by the first applicant, Seow, and his family members (the second and third applicants) concerning a Subclass 186 Employer Nomination Scheme visa. The primary dispute revolved around whether the first applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations, which pertains to an approved nomination for a position.

The Tribunal was required to determine if the nomination for the occupation of 'Chef' by Straits Chef Pty Ltd in respect of the first applicant met all the stipulated criteria under clause 186.223. This included assessing whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the nomination met the requirements of clause 186.223, having previously set aside a delegate's decision to refuse the nomination and substituted its own decision approving it. It was satisfied that the nomination was approved, not withdrawn, no adverse information existed or was reasonably disregarded, the position was still available, and the visa application was made within the prescribed timeframe. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first applicant had met the criteria under clause 186.223, and that the applications of the second and third applicants should be reconsidered as family members of a primary applicant who has satisfied the relevant criteria.