Huynh (Migration)

The Administrative Appeals Tribunal considered the migration applications of Mr Huynh and another applicant for a Subclass 485 visa. The dispute concerned whether the applicants met the eligibility requirements for this visa subclass.

The primary legal issue before the Tribunal was to determine whether the applicants satisfied the criteria set out in clause 485.221 of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that the applicants met the requirements of clause 485.221. Consequently, the Tribunal remitted the visa applications for the first and second named applicant to the Minister for further consideration of the remaining visa criteria.