Wang (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Subclass 186 Employer Nomination Scheme visa under the Direct Entry stream. The dispute arose when a delegate of the Department refused to approve the nomination made by the sponsoring business, Sydney TY International. The nominating business subsequently applied for a review of this decision with the Tribunal, but their application was dismissed due to their failure to attend a review hearing. The applicant was then invited to comment on information that might lead to the affirmation of the decision, but did not respond.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination by the sponsoring business, as required by the Migration Regulations. Specifically, the Tribunal had to determine if the applicant met the criteria under cl.186.233 for the Direct Entry stream, which mandates that the nominated position must have been approved and not subsequently withdrawn, among other conditions. The Tribunal also considered whether the nomination was made in accordance with the relevant regulations, including the requirement that the person who will employ the applicant is the person who made the nomination, and that there is no adverse information known to Immigration about the nominator or associated persons.

The Tribunal reasoned that the nomination lodged by Sydney TY International was refused by the Department on 8 June 2017, and the subsequent merits review application by the nominating business was dismissed by the Tribunal on 2 May 2018. As the nomination itself was refused and the merits review failed, the evidence indicated that the applicant was not the subject of an approved nomination. Consequently, the applicant could not satisfy the requirements of cl.186.233 of the Migration Regulations.

The Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.