KOO (Migration)

This matter concerned an application for a Subclass 186 visa (Employer Nomination Scheme) by the first applicant, with the second, third, and fourth applicants seeking to satisfy secondary criteria as members of the family unit. The core dispute revolved around whether the applicants met the criteria for the visa, particularly in light of a prior refusal of the sponsor's nomination application. The decision was made by the Tribunal.

The Tribunal was required to determine whether the applicants satisfied clause 186.223 and clause 186.311 of Schedule 2 to the Migration Regulations 1994. These clauses relate to the primary and secondary criteria for the grant of a Subclass 186 visa, respectively, including requirements concerning the nomination, employment, and timing of the visa application.

The Tribunal found that the sponsor's nomination, initially refused, was subsequently approved by the Tribunal on review. Having regard to the evidence, including the approved nomination, the absence of adverse information, and the applicant's continuous employment under a written contract with the sponsoring companies, the Tribunal was satisfied that clause 186.223 was met. Furthermore, the Tribunal found that the other named applicants were family members who had made a combined application and satisfied the secondary criteria. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.