Hu (Migration)

The Administrative Appeals Tribunal considered a decision concerning an application for an Employer Nomination (Residence) (Class BW) visa, Subclass 856 (Employer Nomination Scheme). The applicant, Ms. Wenli Hu, sought review of a decision to refuse her visa application. The primary issue revolved around whether Ms. Hu met the skills assessment requirements for the nominated occupation of Sales and Marketing Manager.

The Tribunal was required to determine whether Ms. Hu satisfied clause 856.213(b)(i)(a) of the Migration Regulations, which mandates that an applicant's skills must have been assessed as suitable by a Minister-specified assessing authority for the nominated occupation. Additionally, the Tribunal considered whether clause 856.221 was met, requiring the nominated appointment to be approved and available at the time of the decision.

The Tribunal affirmed the delegate's decision, reasoning that Ms. Hu had not provided evidence of a skills assessment by the relevant authority at the time of her application. The delegate's record indicated this deficiency, leading to the conclusion that Ms. Hu failed to satisfy the skills requirement. Furthermore, the nomination was refused by the Department, meaning the appointment was neither approved nor available at the time of the delegate's decision, thus failing clause 856.221. Despite an invitation to provide further evidence or attend a hearing, no additional material was submitted by the applicant or her representative. Consequently, the Tribunal affirmed the decisions not to grant the visa.