Tang (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, specifically within the Temporary Residence Transition stream. The applicant sought to have a decision reviewed by the Tribunal, which had affirmed the refusal of their visa application. The core of the dispute revolved around whether the nominated position met the relevant legislative criteria for the visa.

The Tribunal was required to determine whether the nominated position was the subject of an approved nomination application that identified the applicant and the specific position. Crucially, the Tribunal had to consider whether the nomination had been approved and not subsequently withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream of the Subclass 186 visa. It noted that the nomination application made by TWJ Art Express Pty Ltd under this stream had been refused by the department on 29 August 2016, and this decision was affirmed by the Tribunal on 6 March 2019. As the nomination had not been approved, the Tribunal concluded that clause 186.223(2) of the Migration Regulations 1994 was not satisfied, and therefore clause 186.223 was not met.

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