Shah (Migration)

The Administrative Appeals Tribunal considered a migration matter concerning a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, for a Cook. The applicant sought review of a decision relating to an approved nomination for the visa.

The primary legal issue before the Tribunal was whether the nomination for the position met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations. This clause outlines several criteria, including that the nominated position must be the subject of an approved nomination, that the nominator is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to the Department or that such information can be disregarded, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominated position was the same as that subject to the relevant nomination application and visa declaration, satisfying clause 186.223(1). It also determined that the nominator was the prospective employer and that the nomination had been approved and not withdrawn, meeting clauses 186.223(2) and (3). Furthermore, the Tribunal was satisfied that the position remained available to the applicant and that the visa application was lodged within the prescribed timeframe after the nomination approval, fulfilling clauses 186.223(4) and (5).

Consequently, the Tribunal concluded that the visa applicant met the requirements of clause 186.223. The matter was remitted to the Minister for reconsideration of the remaining criteria for the visa.