Patel (Migration)

The applicants, Mr. Patel and his family members, sought review of a decision by the Department of Home Affairs concerning their applications for Subclass 186 Employer Nomination Scheme (Temporary Residence Transition stream) visas. The position in question was that of a bricklayer. The Administrative Appeals Tribunal (AAT) was tasked with reconsidering the Department's decision.

The primary legal issue before the Tribunal was whether Mr. Patel met the criterion set out in clause 186.223(2) of Schedule 2 to the *Migration Regulations 1994*. This clause pertains to the requirements for the Temporary Residence Transition stream of the Subclass 186 visa.

The Tribunal found that Mr. Patel did meet the criterion in clause 186.223(2). Consequently, the Tribunal remitted the applications for subclass 186 visas for reconsideration by the Department, with a specific direction that Mr. Patel satisfies the aforementioned criterion. The applications of the second, third, and fourth named applicants, who applied as members of Mr. Patel's family unit, will be determined by reference to the outcome of his application upon remittal.