Yun (Migration)

This matter concerned an appeal by an applicant for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Direct Entry stream for an Accountant position. The Department had initially refused to approve the nomination. The Administrative Appeals Tribunal (AAT) reviewed this decision, setting aside the Department's refusal and substituting a decision to approve the nomination. The core dispute before the AAT was whether the applicants met the requirements of clause 186.233(3) of the Migration Regulations.

The Tribunal was required to determine if the nominated position met the criteria for approval in the Direct Entry stream, if the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was no adverse information known to the Department about the nominator or their associates, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the specific requirements of clause 186.233, including that the nomination must identify the applicant in relation to the position and be made in relation to a Direct Entry stream visa.

The Tribunal found that the evidence established that Mr. Tom Phillips, director of Connecting Plots Pty Ltd, made the nomination and signed the employment contract, fulfilling the requirement that the nominator be the prospective employer. It was also established that the nomination had been approved by the Tribunal and not withdrawn. The Tribunal noted the absence of adverse information concerning the company or its directors, and that the most recent employment contract indicated the position remained available. Crucially, the visa application was lodged within the six-month timeframe following the nomination's approval.

Given these findings, the Tribunal concluded that clause 186.233(3) and the broader clause 186.233 were satisfied. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria, with a direction that the first applicant met the specified criteria under clause 186.233.