AL KHOURY (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, by Ms Karam, who applied as a member of the family unit of Mr Al Khoury. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the nominated position met the requirements of the relevant regulations for a Subclass 186 visa, specifically concerning the criteria for the nominated occupation and the applicant's eligibility in relation to that position.

The Tribunal reasoned that the nominated position satisfied the criteria outlined in clauses 186.223(1) and 186.223(2) of Schedule 2 to the Migration Regulations 1994. It found that the position was nominated in accordance with subregulation 5.19(3), that the applicant was identified as a holder of a Subclass 457 visa in relation to that nomination, and that the necessary declaration was made. The Tribunal also noted that the Minister had approved the nomination, it had not been withdrawn, the position remained available, and the visa application was made within six months of the nomination's approval.

The Tribunal remitted the applications for reconsideration by the Department, with a direction that the first named applicant, Mr Al Khoury, meets the specified criteria for a Subclass 186 visa. Ms Karam's application would be determined by reference to the outcome of Mr Al Khoury's application.