Lian (Migration)

This matter concerned an appeal by Mrs Lian against the refusal of her application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The appeal was heard by the Migration Review Tribunal. The second applicant, Mr Zhipeng Zhang, was Mrs Lian's husband.

The primary legal issue before the Tribunal was whether the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994 had been met, specifically concerning the approval of the employer's nomination. A further issue arose regarding the Tribunal's jurisdiction over the second applicant, Mr Zhang.

The Tribunal reasoned that clause 187.233(3) requires the Minister to have approved the nomination. As the nominating employer's nomination had been refused by the Department and no review application was lodged with the Tribunal concerning that refusal, this criterion was not met. Consequently, Mrs Lian had failed to satisfy the requirements for the visa in the Direct Entry stream. Regarding Mr Zhang, the Tribunal determined it had no jurisdiction as he was not in Australia at the time of the visa application lodgement with the Department or the review application lodgement with the Tribunal, and he had remained in China.

The Tribunal affirmed the decision not to grant Mrs Lian a Regional Employer Nomination (Permanent) (Class RN) visa and stated it had no jurisdiction in relation to Mr Zhang.