Tang (Migration)

This matter concerned applications for Employer Nomination (Permanent) (Class EN) visas, Subclass 186, under the Temporary Residence Transition stream. The applicants sought review of decisions to refuse their visa applications. The primary applicant was identified as Mr. Laifeng Tang, with Mrs. Xiulan Dong and Mr. Hao Tang identified as secondary applicants. The review was conducted by the Administrative Appeals Tribunal (AAT).

The legal issues before the Tribunal were whether the primary applicant was the subject of an approved nomination for a position as a Metal Fabricator, and consequently, whether the secondary applicants met the criteria for the visa as members of the family unit of a primary visa holder. Specifically, the Tribunal had to determine if the nomination for the position had been approved and if the applicants had responded to invitations to comment on information that indicated the nomination had been refused.

The Tribunal reasoned that a key criterion for the visa, as set out in clause 186.223, required the nominated position to be the subject of an approved nomination. The evidence before the Tribunal indicated that the Department had refused the nomination application made by The Trustee for G P Phillips Family Trust. The nominator had not sought review of this refusal, meaning the nomination was not approved. The Tribunal had invited the applicants to comment on this information, but no response was received by the specified deadline. As a consequence of the unapproved nomination, the primary applicant did not satisfy the criteria for the visa. The Tribunal also noted that because the primary applicant could not satisfy the criteria, the secondary applicants, as family unit members, also failed to meet their respective visa requirements.

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