Syed (Migration)

The Administrative Appeals Tribunal considered the applications of Mr. and Mrs. Syed for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Temporary Residence Transition stream. The core of the dispute concerned whether Mr. Syed, as a Customer Service Manager, met certain criteria for the visa, following an approved nomination.

The Tribunal was required to determine whether the applicants met the criteria for the grant of the Subclass 186 visa, particularly in relation to clause 186.223(2) of Schedule 2 to the Migration Regulations 1994. This clause pertains to the requirements for applicants seeking a permanent visa through the Temporary Residence Transition stream.

The Tribunal found that the first applicant, Mr. Syed, met the criteria specified in clause 186.223(2) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the applications back to the Minister for further consideration of any remaining criteria for the grant of the visas. The Tribunal directed that the applicants' Subclass 186 visa applications be reconsidered, with the finding that Mr. Syed satisfied the aforementioned criterion.