Nguyen (Migration)

[2020] AATA 440

Nguyen (Migration) [2020] AATA 440 (21 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Tan Khanh Nguyen
Ms Thanh Diem Huong Le
Ms Le Thanh Vy Nguyen
Mr Tan Khoi Nguyen

CASE NUMBER:  1801855

DIBP REFERENCE(S):  BCC2017/931743

MEMBER:Andrew McLean Williams

DATE:21 January 2020

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

·cl.186.223(2) of Schedule 2 to the Regulations

Statement made on 21 January 2020 at 12:47pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – nomination refused – decision substituted – nomination approved – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 186.223, 186.311

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to grant the applicants Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 9 March 2017. The delegate refused to grant the visas on 10 January 2018.

2. The delegate made the decision on the basis that on 23 November 2017 the nomination lodged by HL & JM Trading Pty Ltd, being the nomination referred to in paragraph 186.223(1) in the case of the first-named applicant had been refused by a delegate of the Minister.

3. On 21 January 2020 the Tribunal determined an application to review the decision described in the preceding paragraph and substituted a decision approving the nomination lodged by HL & JM Trading Pty Ltd.  In light of that outcome, the Tribunal is satisfied that the criterion in paragraph 186.223 has been met by the first-named applicant and that the other named applicants meet the requirements of clause 186.311.  In these circumstances the Tribunal has concluded that the matter should be remitted for reconsideration.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

   ·cl.186.223(2) of Schedule 2 to the Regulations

   Andrew McLean Williams
   Member