Jiang (Migration)

The Administrative Appeals Tribunal considered the applications of Mrs Yawen Jiang, Mr Meng Meng, and Ms Yuetong Meng for a Subclass 186 Employer Nomination Scheme visa, Temporary Residence Transition stream. The primary issue before the Tribunal was whether there was an approved nomination in respect of the applicant, Mrs Jiang, which is a prerequisite for the visa grant under clause 186.223 of the Migration Regulations 1994.

The Tribunal was required to determine if the nomination lodged by Arjnew Pty Ltd for the position of Sales and Marketing Manager, with Mrs Jiang as the nominee, had been approved and remained un-withdrawn. This involved assessing whether the applicants had met the criteria for the visa, particularly clause 186.223 which mandates an approved nomination, and clause 186.311 for secondary applicants who must be members of the family unit of the primary applicant.

The Tribunal noted that the nomination application was initially refused by the Department of Home Affairs and this refusal was affirmed by the Tribunal on 30 January 2020. Subsequently, on 4 February 2020, the Tribunal issued an invitation under section 359A of the Migration Act 1958 to the applicants, inviting them to respond to the information that the nomination had been refused. As no response was received by the deadline of 18 February 2020, the Tribunal concluded that the applicants had not demonstrated that they met the requirement of an approved nomination.

Consequently, the Tribunal affirmed the decision under review in respect of Mrs Yawen Jiang. For Mr Meng Meng and Ms Yuetong Meng, the Tribunal found it had no jurisdiction to review their applications, as their eligibility was contingent on Mrs Jiang meeting the primary criteria, which she had not.