Thapa (Migration)

The Administrative Appeals Tribunal considered an application for an Employer Nomination (Permanent) (Class EN) visa, specifically a Subclass 186 (Employer Nomination Scheme) visa. The applicant was a secondary applicant, the daughter of the primary applicant, and the dispute concerned whether she met the visa requirements.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 186 visa, particularly in relation to Clause 186.311 of Schedule 2 to the Regulations.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that the applicant meets the specified criteria for the visa. The Tribunal remitted the application for reconsideration with this direction.