PARBHAKAR (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, by Mr Parbhakar, who was employed as a Customer Service Manager. The second applicant, Mrs Nidhi Sharma, sought the same visa as a member of Mr Parbhakar's family unit. The primary dispute concerned the approval of Mr Parbhakar's nomination application, which had been considered by the Tribunal.

The Tribunal was required to determine whether Mr Parbhakar met the criteria for a Subclass 186 visa, specifically clause 186.223(2) of Schedule 2 to the Migration Regulations 1994. The outcome of Mrs Sharma's application was contingent upon the determination of Mr Parbhakar's application.

The Tribunal remitted Mr Parbhakar's application back to the Department for reconsideration. In doing so, the Tribunal directed that the first applicant, Mr Parbhakar, was found to meet the criteria specified in clause 186.223(2) of Schedule 2 to the Regulations. Consequently, Mrs Sharma's application would be determined based on this reconsideration.