GREWAL (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa. The primary applicant, Mr Grewal, sought this visa as a Transport Company Manager, and his application had been the subject of an approved nomination. The second and third applicants, Mrs Rajveer Kaur and Master Avvynoor Singh Grewal, applied for their visas as members of Mr Grewal's family unit.

The Tribunal was required to determine whether the first named applicant, Mr Grewal, met the criteria for a Subclass 186 visa, specifically clause 186.223(2) of Schedule 2 to the Migration Regulations 1994. The outcome of the applications by Mrs Rajveer Kaur and Master Avvynoor Singh Grewal were contingent on the determination of Mr Grewal's eligibility.

The Tribunal remitted Mr Grewal's application to the Department for reconsideration. In doing so, the Tribunal directed that the first named applicant, Mr Grewal, meets the criteria specified in clause 186.223(2) of Schedule 2 to the Regulations. Consequently, the applications of the second and third named applicants will be determined by reference to the outcome of Mr Grewal's reconsidered application.