SHARMIN (Migration)

The Administrative Appeals Tribunal considered the case of Sharmin and two other applicants concerning a Subclass 186 Employer Nomination (Permanent) (Class EN) visa. The primary dispute revolved around the refusal of the nomination for the visa, with the Tribunal affirming the decision that the applicant was not the subject of an approved nomination.

The core legal issue before the Tribunal was whether the applicants met the criteria for a Subclass 186 visa. Specifically, the Tribunal had to determine if the second and third named applicants qualified as members of the family unit of a person holding a Subclass 186 visa, and if they met the primary visa criteria for this subclass or any other subclass within Class EN in their own right.

The Tribunal reasoned that the second and third named applicants did not satisfy the secondary visa criteria as family unit members, nor was there evidence they met the primary criteria for the Subclass 186 visa or any other visa within Class EN. Consequently, the Tribunal affirmed the decisions under review.