Tamir (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream. The applicant's employer, Starshine Marketing Pty Ltd, had lodged a nomination which was initially refused by a delegate. The applicant subsequently sought review of this refusal by the Tribunal.

The primary legal issue before the Tribunal was whether the employer's nomination met the requirements of the *Migration Regulations 1994* (Cth), specifically regulation 5.19, and consequently, whether the applicant met the relevant visa criteria. The Tribunal was required to determine if the nomination, which had been refused by the delegate, should be approved.

The Tribunal found that on 5 April 2018, the nomination in respect of the applicant, lodged by Starshine Marketing Pty Ltd, was approved under regulation 5.19 of the Regulations. This approval meant that the applicant now met criterion cl.186.233(3) of Schedule 2 to the Regulations. The Tribunal also found that the second named applicant met criterion cl.186.311 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the first named applicant met criterion cl.186.233(3) and the second named applicant met criterion cl.186.311 of Schedule 2 to the Regulations, to consider the remaining criteria for the visa.