Wang (Migration)

The applicant, Ms Wang, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning her application for a Subclass 186 (Employer Nomination Scheme) visa. The second and third named applicants, who were family members of Ms Wang, had their visa applications linked to the outcome of Ms Wang's application.

The primary legal issue before the court was whether the AAT had erred in its decision regarding Ms Wang's eligibility for the Subclass 186 visa. Specifically, the court needed to determine if the AAT had correctly applied the relevant criteria under Schedule 2 to the *Migration Regulations 1994* (Cth) to Ms Wang's nomination.

The Tribunal remitted Ms Wang's application for reconsideration, directing that the first named applicant (Ms Wang) met the criteria specified in cl.186.223(2) of Schedule 2 to the Regulations. Consequently, the visa applications of the second and third named applicants would be determined based on this remitted decision.