Ali (Migration)

The Administrative Appeals Tribunal considered the applications of Ali (Migration) concerning a Subclass 186 Employer Nomination Scheme visa. The dispute involved the assessment of whether the primary and secondary applicants met the relevant criteria for the visa, particularly in light of new evidence presented.

The Tribunal was required to determine if the primary applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. Furthermore, it needed to assess whether the secondary applicants met clause 186.311 of Schedule 2, contingent upon the primary applicant's eligibility.

The Tribunal's reasoning focused on the satisfaction of the visa criteria. It found that the primary applicant met the specified criteria under clause 186.223. Consequently, based on this finding and the presented evidence, the Tribunal was satisfied that the secondary applicants also met the requirements of clause 186.311. The Tribunal remitted the applications for reconsideration with a direction that the first named applicant meets the criteria under cl.186.223.