Simard (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, by an applicant seeking to work as a Multimedia Designer. The applicant's employer, Digital Pulse Pty Ltd ATF D.P. Production Trust, had lodged an approved nomination for the position of Senior Motion Designer. The Administrative Appeals Tribunal (AAT) was required to review the decision concerning the applicant's eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria relating to the nomination of a position, specifically as stipulated by clause 186.223 of Schedule 2 to the Migration Regulations. This involved determining whether the nominated position was approved, had not been withdrawn, was still available to the applicant, and whether the visa application was lodged within the prescribed timeframe after the nomination's approval. The Tribunal also considered whether there was any adverse information known to Immigration regarding the nominator or associated persons.

The Tribunal found that the applicant had provided details of a relevant nomination that matched the required transaction reference number. The nominator had sought approval for the position of Senior Motion Designer, identifying the applicant as a Subclass 457 visa holder, and the Tribunal was satisfied that the applicant had made the necessary declaration. The nomination was approved by the Tribunal on 17 July 2019 and had not been withdrawn. Evidence indicated the position remained available to the applicant, and the visa application was made prior to the nomination's approval, thus satisfying the six-month timeframe. Furthermore, the Tribunal was not aware of any adverse information concerning the nominator.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 186.223 of the Regulations.