VUONG (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 visa. The applicant, identified as VUONG, sought reconsideration of a decision by the Administrative Appeals Tribunal. The core of the dispute revolved around whether the nomination for the position met the relevant legislative requirements.

The Tribunal was required to determine if clause 186.223 of Schedule 2 to the Migration Regulations 1994 was satisfied. This clause mandates that the position to which the visa application relates must be the subject of an approved nomination that identifies the visa applicant. The Tribunal also needed to consider the effect of a previous decision made in Tribunal case 1809673, which had dealt with the approval of the nomination itself.

The Tribunal reasoned that in a prior decision, it had found that the nominator, M G Kuilder Pty Ltd, met the requirements of regulation 5.19 for the approval of the nomination. Crucially, the Tribunal had set aside the delegate's decision to refuse the nomination application and substituted a decision approving it. Consequently, the Tribunal concluded that clause 186.223(2) of the Regulations was met.

Given these findings, the Tribunal decided to remit the visa application to the Minister for reconsideration. The remittal was made with the direction that the first named applicant, VUONG, meets the criteria specified in clause 186.223(2) of Schedule 2 to the Regulations. The Minister is now to consider the remaining criteria for the Subclass 186 visa.