Whittaker (Migration)

The Administrative Appeals Tribunal considered the applications of Mr. Whittaker and his child for Subclass 186 Employer Nomination (Permanent) visas. The dispute arose because the nominator, a company, had changed its name after the nomination was approved, but before the visa applications were finalised. The Tribunal was asked to determine whether this name change affected the validity of the nomination and the subsequent visa applications.

The primary legal issue before the Tribunal was whether the nominator's change of name invalidated the previously approved nomination for the Subclass 186 visa. The Tribunal also had to consider the eligibility of the second applicant, the child, for the visa, given that the relevant criteria for a child applicant were in question.

The Tribunal reasoned that the change of the nominator's name did not, in itself, render the nomination invalid, particularly as the employment had not been withdrawn. The Tribunal found that the first applicant met the criteria under cl.186.223 of Schedule 2 to the Regulations. However, the Tribunal determined it lacked jurisdiction to consider the child's eligibility under the relevant criteria. Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration, with a direction that the first applicant met the specified criteria for a Subclass 186 visa.