Sun (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Member Peter Emmerton, was required to determine whether the nomination criteria under clause 186.223 of Schedule 2 to the Regulations had been met.

The primary legal issue before the Tribunal was whether the nomination for the position of Massage Therapist had been approved and had not been subsequently withdrawn, as required by clause 186.223. This involved assessing whether the nominated position was the same as that subject to the nomination application and visa application declaration, whether the nomination had been approved, and whether it remained available to the applicant within the specified timeframe.

The Tribunal found that the nominated position was indeed the same as that in the relevant nomination and visa applications, satisfying subclauses 186.223(1) and (4). It also determined that the nomination had been approved and had not been withdrawn, fulfilling subclauses 186.223(2) and (3). Furthermore, the Tribunal was satisfied that the visa application was made within six months of the nomination approval, meeting subclause 186.223(5).

Consequently, the Tribunal concluded that the applicant met the criteria specified in clause 186.223. The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant had satisfied this particular criterion.