PARK (Migration)

This matter concerned an appeal before the Tribunal regarding a Subclass 186 (Employer Nomination Scheme) visa application. The primary applicant, Mr Park, had his nomination for the position of Customer Service Manager approved by the Tribunal. The second and third applicants sought visas as members of Mr Park's family unit.

The legal issue before the Tribunal was whether the nomination for Mr Park's visa application met the relevant criteria under the Migration Regulations 1994, specifically r.5.19(3) and cl.186.223(2) of Schedule 2. The Tribunal also needed to consider how the visa applications of the secondary applicants would be determined in light of the outcome for Mr Park.

The Tribunal reasoned that the nomination for the Customer Service Manager position had been approved, thereby satisfying cl.186.223(2) of Schedule 2 to the Regulations. Consequently, the Tribunal determined that the appropriate course of action was to remit Mr Park's visa application to the Minister for consideration of the remaining visa criteria. The Tribunal also directed that the secondary applicants' visa applications would be determined by reference to the outcome of Mr Park's application upon its reconsideration by the Department.