Susanto (Migration)

This matter concerned an application for a Subclass 186 Employer Nomination Scheme visa. The applicant sought review of a decision concerning their visa application, which was linked to an employer nomination made by Mihanikho Pty Ltd ATF Kan Family Trust & Siozos Family Trust. The core of the dispute revolved around the approval of the employer's nomination, which had initially been refused by the Department.

The Tribunal was required to determine whether the relevant employer nomination had been approved, as stipulated by clause 186.223(2) of Schedule 2 to the Migration Regulations. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination that identifies the visa applicant, and that the nomination itself must have been approved.

The Tribunal reasoned that the applicant had applied for the visa based on a nomination that was initially refused by the Department. However, the nominator subsequently applied to the Tribunal for a review of that refusal. On 11 September 2018, the Tribunal set aside the Department's decision and substituted a decision approving the nomination. Consequently, the Tribunal found that the applicant met the requirement under cl.186.223(2) as the relevant nomination had been approved.

Given these findings, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the applicant met the criterion under cl.186.223(2) for a Subclass 186 visa. The Minister was to consider the remaining criteria for the grant of the visas.