Khadgi (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream, by Mr Khadgi, a Painting Trades Worker. The secondary applicants, Moni Khadgi and Evanna Khadgi, who are Mr Khadgi's wife and daughter respectively, applied for their visas as members of his family unit.

The Tribunal was required to determine whether Mr Khadgi met the criteria for the Subclass 186 visa, specifically clause 186.233(3) of Schedule 2 to the Regulations. The outcome of the secondary applicants' applications was contingent on the determination of Mr Khadgi's eligibility.

The Tribunal remitted Mr Khadgi's application for reconsideration by the Department. In doing so, the Tribunal directed that the first named applicant, Mr Khadgi, meets the specified criteria for the Subclass 186 visa. Consequently, the applications of the secondary applicants will be determined by reference to the Department's reconsidered decision regarding Mr Khadgi's eligibility.