Sidhu (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Sidhu and his secondary applicants for Employer Nomination (Class EN) visas under the Subclass 186 Employer Nomination Scheme, specifically the Direct Entry stream. The core of the dispute was whether the applicants met the eligibility criteria for this visa subclass.

The Tribunal was required to determine if the primary applicant satisfied the criteria set out in clause 186.223 of Schedule 2 of the Migration Regulations 1994. Consequently, the Tribunal also had to determine if the secondary applicants satisfied clause 186.311 of Schedule 2 of the Regulations, which is contingent on the primary applicant's eligibility. A further issue was whether the Tribunal should exercise its discretion to refer the case to the Minister for consideration under section 351 of the Migration Act 1958.

The Tribunal found that the primary applicant did not meet the criteria specified in clause 186.223. As a result, the Tribunal concluded that the secondary applicants could not satisfy the criteria in clause 186.311. The Tribunal also considered the applicant's request for a referral to the Minister under section 351, which allows the Minister to substitute a more favourable decision if deemed in the public interest. After reviewing the applicant's case and relevant ministerial guidelines, the Tribunal decided not to make such a referral, noting that the applicant retained the right to make a direct request to the Minister.

The Tribunal affirmed the decision not to grant the Employer Nomination (Class EN) visas to the applicants.