Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Subclass 186 (Employer Nomination Scheme) visa. The applicant, identified as Nguyen, sought to have a nomination approved by HL & JM Trading Pty Ltd reconsidered by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination lodged by HL & JM Trading Pty Ltd met the relevant criteria for a Subclass 186 visa, specifically paragraph 186.223 of Schedule 2 to the Regulations, and whether the applicant met the requirements of clause 186.311.

The Tribunal found that the criterion in paragraph 186.223 had been met by the first-named applicant and that the other named applicants satisfied the requirements of clause 186.311. Based on these findings, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the first-named applicant meets the criteria specified in cl.186.223(2) of Schedule 2 to the Regulations.