Nguyen (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The applicants, represented by their registered migration agent, sought review of a decision. The core of the dispute revolved around whether a specific criterion for the visa, clause 186.223, had been met.

The legal issue before the Tribunal was to determine whether the applicants had satisfied clause 186.223 of Schedule 2 to the Migration Regulations. This clause requires, among other things, that the position to which the visa application relates must be the subject of an approved nomination, that the nominator is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information can be disregarded), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nomination by Delizie Da Forno Pty Ltd for the occupation of Baker (ANZSCO 351111) had been approved. Consequently, the Tribunal was satisfied that the primary applicant met the requirements of clause 186.223. Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria necessary for the grant of the visa.