Wang (Migration)

The Administrative Appeals Tribunal considered an application by Wang for a Subclass 186 Employer Nomination Scheme visa under the Direct Entry stream. The applicant sought to satisfy the criteria for this specific visa stream, and no claims were made regarding other available visa streams.

The primary legal issue before the Tribunal was whether the applicant had met the requirements for the Subclass 186 visa in the Direct Entry stream. This involved assessing whether the nominated position met the relevant regulatory criteria, including those pertaining to the nomination application, the employer, and the availability of the position.

The Tribunal affirmed the decision not to grant the visa because the applicant had not satisfied the necessary criteria for the Direct Entry stream. The decision was based on the finding that the requirements for this stream had not been met. Consequently, the Tribunal affirmed the original decision to refuse the visa.