Tsui (Migration)

This matter concerned an appeal by the first named applicant, whose nominating employer was the Trustee for Rocca Tiling Trust, regarding a Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The core dispute revolved around the approval of the employer's nomination for the position of Painting Trades Worker. The Administrative Appeals Tribunal (AAT) was required to determine whether the nomination had been approved and if the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the nomination for the position of Painting Trades Worker met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause necessitates that the nomination has been approved, not subsequently withdrawn, and that there is no adverse information known to Immigration about the nominator or associated persons, or that such information can be disregarded. Additionally, the position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal found that the employer's nomination had indeed been approved by the Tribunal on 29 November 2019, setting aside the Department's earlier refusal. As this approval satisfied clause 186.223(2), the Tribunal concluded that the first named applicant met this specific criterion. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, directing that the first named applicant met clause 186.223(2) and that the Minister should consider the remaining visa criteria, including those pertaining to the secondary applicant.