Shi (Migration)

This matter concerned an appeal lodged by Zia E-Business Pty Ltd, the nominating sponsor, against a decision by a delegate of the Department of Immigration to refuse to approve a nomination made in relation to the applicant for a Subclass 186 (Employer Nomination Scheme) visa under the direct entry stream. The Tribunal was required to determine whether the applicant was the subject of an approved nomination by the sponsoring business.

The primary legal issue before the Tribunal was whether the nomination made by Zia E-Business Pty Ltd satisfied the requirements of cl.186.233 of the Migration Regulations. This clause mandates that for applicants in the Direct Entry stream, the nominated position must have been approved by the Minister and not subsequently withdrawn, among other conditions. The Tribunal noted that the nomination in question had been refused by the Department on 9 June 2017.

The Tribunal reasoned that as the nomination had been refused by the Department, it could not be considered an approved nomination. Consequently, the applicant was unable to satisfy the requirements of cl.186.233 of the Migration Regulations. The Tribunal had written to the applicant inviting comments on information that could lead to affirming the decision, but the applicant failed to respond. Having regard to the evidence before it, the Tribunal concluded that the applicant had not met the criteria for the Subclass 186 visa in the Direct Entry stream.

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