Liu (Migration)

This matter concerned an appeal by an applicant for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically the Direct Entry stream. The applicant sought merits review of a decision to refuse their visa application. The core of the dispute revolved around the nomination of the Finance Manager position by the applicant's proposed employer, R & T (Australia) Pty Ltd.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 186 visa, particularly in relation to the nomination requirements for the Direct Entry stream. This involved assessing whether the nominated position had been approved by the Department and whether the applicant had met the specific regulatory requirements for such a nomination, including whether the nomination identified the applicant in relation to the position, as required for nominations made on or after 1 July 2017.

The Tribunal found that the nomination application lodged by R & T (Australia) Pty Ltd had been refused by the Department on 24 August 2017. Despite the applicant's agent indicating a merits review application for the nomination, the delegate ultimately found that the applicant had not satisfied the relevant criteria, including cl.186.233(3). The Tribunal also noted that the applicant had not met the requirements for the Temporary Residence Transition or Agreement streams. Crucially, the Tribunal advised the applicant that its own decision to affirm the Department's decision not to approve the nomination was relevant, as cl.186.233(3) requires an approved nomination. As no material response was received from the applicant regarding this information, the Tribunal concluded that the applicant had not met the requirements for the Direct Entry stream.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.