LIANG (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa by Ms. Liang, a Subclass 457 visa holder, with secondary applicants applying as members of her family unit. The primary dispute before the Tribunal was whether Ms. Liang met the requirements of cl.186.223 of the Regulations, which governs applications made under the Temporary Residence Transition stream. The nominator, Medial Plus Plus Group Pty Ltd ATF Wangbingwen Family Trust, had been approved on 20 February 2017, but subsequently went into liquidation.

The Tribunal was required to determine if the nominated position remained available to the applicant, given the nominator's liquidation. This involved considering whether the liquidation constituted "adverse information" under r.1.13A and r.1.13B, and whether the nominator was still able to employ the applicant. The Tribunal also had to assess the evidence presented regarding the nominator's prospects of resuming normal trading and the applicant's awareness of the company's financial difficulties.

The Tribunal reasoned that the nominator's liquidation meant it was no longer able to employ the applicant, rendering the nominated position unavailable. The Tribunal also considered the liquidation potentially as adverse information, suggesting insolvency. Despite the applicant's assertions that her employer intended to sell property to cover debts and resume trading, the Tribunal found insufficient evidence to support these claims, noting significant debts exceeding equity. Consequently, the Tribunal concluded that the applicant did not meet the requirements of cl.186.223. As the secondary applicants did not meet the primary criteria, their applications also failed.

The Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.