Chang (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Direct Entry stream, by Mr Chang and his family members. The dispute arose from a decision by the Department of Home Affairs regarding the approval of the employer's nomination for Mr Chang to fill the position of Chief Executive. The case was before the Tribunal for review.

The primary legal issue before the Tribunal was whether Mr Chang was the subject of an approved nomination that met the requirements of clause 186.233 of Schedule 2 to the Migration Regulations. This involved determining whether the nominated position of Chief Executive was the one subject to the declaration made as part of the visa application, whether the employer was the entity that made the nomination, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the employer or associated entities, if the position remained available, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that on 9 March 2020, it had set aside a departmental refusal and substituted a decision approving the employer's nomination. The Tribunal was satisfied that the employer would employ Mr Chang, was the entity that made the nomination, and that the nomination had been approved and not withdrawn. Furthermore, no adverse information was known to Immigration regarding the employer or associated persons, and the position was still available. Consequently, the Tribunal found that the criteria under clause 186.233 were met.

Given these findings, the Tribunal remitted the visa application for Mr Chang to the Minister for reconsideration of the remaining visa criteria. The Tribunal also remitted the applications by the secondary applicants for Employer Nomination (Permanent) (Class EN) visas for reconsideration.