Huang (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant sought to have a decision affirmed, which had refused the nomination for the position of Financial Investment Adviser. The refusal was based on the presence of adverse information concerning the nominating person.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the nominated position was properly the subject of an approved nomination, whether the nominating person was the intended employer, and crucially, whether there was adverse information known to Immigration about the nominating person or an associated person, which could not be reasonably disregarded.

The Tribunal found that the Department had refused the application for nomination approval on 3 August 2017, and this decision was subsequently affirmed by the Tribunal on 10 August 2018. As the nomination had been refused and its refusal affirmed, the Tribunal concluded that clause 186.233 was not met. The applicant had only sought to satisfy the criteria for the Direct Entry stream, and as these requirements were not met, the decision under review was affirmed.

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