Sinn (Migration)

The matter before the Tribunal concerned a Subclass 186 Employer Nomination Scheme visa application under the Direct Entry stream. The primary dispute revolved around whether the nomination for the position met the requirements of clause 186.233 of Schedule 2 to the relevant regulations. The applicant sought review of a decision that had refused to approve the nomination.

The central legal issue for the Tribunal was to determine if the nomination satisfied clause 186.233, which encompasses several conditions. These include that the nominated position must be the subject of an approved nomination application, that the employer is the nominator, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the General Manager of Living Valley Springs Ltd, who made the nomination and signed the employment contract, was indeed the employer. It was established that the nomination had been approved by the Department and subsequently by the Tribunal, and had not been withdrawn. Furthermore, the Tribunal found no adverse information concerning the nominator or their associates, and the employment contract confirmed the position's availability to the applicant. The visa application was lodged within the prescribed six-month period after the nomination's approval.

Consequently, the Tribunal concluded that clause 186.233 was met. The Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria for both the primary and secondary applicants.