Chen (Migration)

The Administrative Appeals Tribunal considered an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant sought to have a decision not to grant this visa reviewed.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 186.233 of the Migration Regulations 1994. This regulation outlines specific criteria for a nominated position in the Direct Entry stream, including that the position must be the subject of an approved nomination, that the employer must be the nominator, that the nomination must not have been withdrawn, that there must be no adverse information about the nominator or associated persons, and that the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the applicant had not satisfied the criteria under regulation 186.233 for the Direct Entry stream. The applicant had not provided sufficient information to demonstrate that the position was the subject of an approved nomination as required. The Tribunal noted that it had given the applicant a fair opportunity to provide the necessary information but that it remained uncertain if and when this information would be forthcoming. Consequently, the Tribunal decided not to delay its decision further.

The Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa.