Tang (Migration)

The Administrative Appeals Tribunal considered an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically under the temporary residence transition stream. The applicant was the sole director of the nominating business at the time of application, and the Tribunal was required to determine whether the applicant met the relevant visa criteria, particularly concerning the nature of their employment and the genuine need for their role within the business.

The central legal issue before the Tribunal was whether the applicant's role as the sole director and their associated tasks, alongside the business's client base, satisfied the requirements for the nominated position under the visa subclass. The Tribunal also had to consider whether the circumstances constituted a "self-nomination" intended to facilitate the grant of a visa, which is contrary to the policy objectives of the migration program.

The Tribunal found that the applicant met certain criteria for the visa, specifically cl 186.212 of Schedule 2 to the Regulations. However, the Tribunal determined that the application should be remitted to the Minister for reconsideration of the remaining criteria. This decision indicates that while some aspects of the application were satisfactory, further assessment was required by the Minister to determine the overall eligibility for the visa.