LIONE (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) Visa, Subclass 186, under the Direct Entry stream, for a Web Administrator. The applicant's employer nomination had been approved, and the primary dispute revolved around whether the nominated position remained available to the applicant. The decision was made by Member Danielle Galvin of the Tribunal.

The central legal issue before the Tribunal was to determine whether the first named applicant met the requirements of clause 186.223 of Schedule 2 to the Regulations, and consequently, whether the applications for both the first and second named applicants (as a member of the family unit) should be reconsidered.

The Tribunal found that the first named applicant met the requirements of cl.186.223(3) of Schedule 2 to the Regulations. Based on this finding, the Tribunal reasoned that the remaining criteria for the first applicant's visa application, as well as the application of the second named applicant as a family unit member, should be reconsidered in full.

Accordingly, the Tribunal remitted the applications for Subclass 186 Employer Nomination Scheme visas for reconsideration, with a direction that the first named applicant meets the criteria specified in cl.186.223(3).