Federal Court. Does visa subclass 186 "contemplate that an employer can file repeated nomination applications in relation to the same visa application and the same visa applicant"? Can an employer correct an erroneous nomination withdrawal?
Clause 186.242 of Schedule 2 to the Migration Regulations 1994 (Cth) provided:
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that:
(i) identifies the applicant in relation to the position; and
(ii) is made in relation to a visa in a Labour Agreement stream; and
(b) identified in the application for the grant of the visa.
…
(3) The Minister has approved the nomination.
(4) The nomination has not subsequently been withdrawn.
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Does visa subclass 186 "contemplate that an employer can file repeated nomination applications in relation to the same visa application and the same visa applicant"?
Question 2: Can an employer correct an erroneous nomination withdrawal?
The FCA answered those questions as follows: