REKHA DEVI (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 (Employer Nomination Scheme) visa. The decision under review was made by the Minister, and the applicant, Rekha Devi, sought reconsideration of that decision. The Tribunal was tasked with determining the appropriate course of action regarding the visa application.

The primary legal issue before the Tribunal was whether the applicant met certain criteria for the Subclass 186 visa, specifically criterion cl.186.223 of Schedule 2 to the Regulations. The Tribunal's findings indicated that the applicant did satisfy this particular criterion.

The Tribunal's reasoning, as indicated by the decision, was that given its findings regarding criterion cl.186.223, the appropriate course was to remit the visa application back to the Minister for further consideration of the remaining criteria. The Tribunal directed that the applicant be taken as meeting the specified criterion.

Consequently, the Tribunal remitted the application for an Employer Nomination (Permanent) (Class EN) visa for reconsideration by the Minister, with the explicit direction that the applicant meets criterion cl.186.223 of Schedule 2 to the Regulations.