Tokushev (Migration)

This matter concerned an appeal by a nominating employer against the refusal of a Subclass 186 (Employer Nomination Scheme) visa application under the direct entry stream. The primary issue before the Tribunal was whether the applicants met the requirements of clause 186.233 of the Migration Regulations.

The Tribunal was required to determine if the nominated position was the subject of an approved nomination, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information known to Immigration concerning the nominator or their associates, if the position remained available, and if the visa application was lodged within six months of the nomination approval.

The Tribunal found that the co-directors of the nominating company, who also signed the employment contract, were the individuals who made the nomination and would employ the applicant. It was established that the nomination had been approved by the Tribunal on review, had not been withdrawn, and that no adverse information was known to Immigration. Furthermore, the most recent employment contract indicated the position remained available, and the visa application was lodged within the prescribed six-month period following the nomination approval.

Consequently, the Tribunal remitted the primary visa applicant's application to the Minister for reconsideration of the remaining visa criteria, and also remitted the secondary applicants' visa applications for reconsideration. The Tribunal directed that the first applicant met the criteria under cl 186.233.