JIN (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision not to grant Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The applicant, identified as Mrs Zhenji LIN, sought review of the Minister's decision to refuse her visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223(2)(2) of the Migration Regulations. This clause pertains to the nomination of a position for the visa, requiring that the nomination has been approved and not subsequently withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons, that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered its obligations under section 359AA of the Migration Act 1958 (Cth) to inform the applicant of any information that might lead to affirming the decision and to provide an opportunity to respond.

The Tribunal affirmed the decision not to grant the visa. While the Minister had approved the nomination, the Tribunal found that the secondary applicant did not meet clause 186.311. The specific details of why clause 186.311 was not met are not elaborated upon in the provided text, but the outcome was that the visa refusal was upheld.