Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of Ms Nguyen, who sought review of a decision concerning her Subclass 187 (Regional Sponsored Migration Scheme) visa application, specifically under the temporary residence transition stream. The core dispute revolved around the validity of an approved position nomination, which was a prerequisite for the visa. The nominator, The Trustee for COCR Family Trust, had applied to nominate Ms Nguyen for the position of Hair or Beauty Salon Manager.

The Tribunal was required to determine whether the nomination for the position of Hair or Beauty Salon Manager was approved and had not been subsequently withdrawn, as stipulated by clause 187.223 of the Migration Regulations. This clause also necessitates that the nominated position be located in regional Australia, remain available to the applicant, and that the visa application be lodged within six months of the nomination's approval. Furthermore, the Tribunal had to consider whether there was any adverse information known to the Department of Home Affairs regarding the nominator or associated persons, or if such information could be disregarded.

The Tribunal noted that the nomination application was refused on 14 May 2020, and the nominator's subsequent review of this refusal was affirmed by the Tribunal on 4 December 2023. As the nomination itself had been refused and this refusal was upheld, the primary criterion requiring an approved nomination could not be met. The Tribunal had invited the applicants to comment on this information, but no response was received by the deadline. Consequently, the Tribunal found that Ms Nguyen did not meet the requirement for an approved nomination, and by extension, her family members, Mr Tsang and Master Tsang, could not satisfy the secondary criterion of being a member of the family unit of a primary visa holder.