HUANG (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr. Huang concerning the refusal of his application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme. The core of the dispute revolved around whether the nominated position for Mr. Huang's visa application had been approved.

The Tribunal was required to determine whether the applicant met the criteria under clause 186.223 of the relevant regulations, which pertains to the nomination of a position for applicants in the Temporary Residence Transition stream. This clause mandates that the position must be the subject of an approved nomination, that the applicant was identified in that nomination, and that the nomination has not been withdrawn and meets other specified conditions, including being approved within six months of the visa application.

The Tribunal reasoned that a fundamental requirement for the grant of a Subclass 186 visa in the Temporary Residence Transition stream is an approved nomination. It noted that the delegate's decision, which was before the Tribunal, recorded that the position nomination had been refused. Despite submissions made by the applicant regarding issues with a previous migration agent, no evidence was presented to demonstrate that the applicant was the subject of an approved nomination. Consequently, the Tribunal found that clause 186.223 was not satisfied.

The Tribunal affirmed the decision not to grant Mr. Huang the Subclass 186 visa, as he had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet the essential requirement of an approved nomination.