Truong (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding a Subclass 186 Employer Nomination Scheme visa, Direct Entry stream, for a Marketing Specialist. The applicants sought review of a decision concerning their visa applications.

The Tribunal was required to determine whether the applicants met the criteria for the visa, specifically focusing on clause 186.223(2) of Schedule 2 to the Regulations, which pertains to the nomination of a position. This clause requires that the position be the subject of an approved nomination, that the employer who made the nomination is the person who will employ the applicant, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was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 employer, Lyndon Peak Pty Ltd, had applied to have the position of Marketing Specialist approved with the first applicant as the nominee. Although this nomination application was initially refused, the Tribunal subsequently set aside that refusal and approved the nomination. Based on this, the Tribunal concluded that clause 186.223(2) was met by the first applicant.

Consequently, the Tribunal remitted the visa applications to the Minister for reconsideration of the remaining criteria. The applications of the second and third applicants, who applied as members of the primary applicant's family unit, were to be determined by reference to the outcome of the primary applicant's reconsidered application.