Safiq (Migration)

The Administrative Appeals Tribunal considered an application by Driveline Services Pty Ltd concerning a Subclass 186 Employer Nomination (Permanent) visa. The employer's initial position nomination had been refused, leading to an application for review by Driveline Services Pty Ltd.

The Tribunal was required to determine whether the criterion in clause 186.223 of Schedule 2 to the Regulations was met by the primary applicant, Mr Safiq, and whether the other named applicants, as family members, met the requirements of clause 186.311.

The Tribunal found that the criterion in clause 186.223(2) was satisfied by Mr Safiq. Consequently, the Tribunal determined that the matter should be remitted to the Department of Home Affairs for reconsideration by a delegate of the Minister, with the direction that the primary applicant meets the specified visa criteria.