Wang (Migration)

The Administrative Appeals Tribunal considered an application by Ms Yu Wang for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The dispute centred on whether the applicant met the criteria for the visa, specifically concerning the nominator's genuine need to employ the applicant in the nominated position of Management Accountant.

The Tribunal was required to determine if the applicant had demonstrated a genuine need for the nominated employee, as assessed by the delegate who had initially refused the nomination. This involved considering the evidence provided by both the applicant and the nominator regarding the business's operations, financial standing, and the necessity of the Management Accountant role, particularly in light of the impact of the COVID-19 pandemic on the nominator's transnational mining patented technology business.

The Tribunal reasoned that while the initial delegate was not satisfied about the genuine need, the applicant had provided substantial further evidence, including financial statements, organisational charts, and a detailed letter from the nominator. This material indicated the nominator's business activities, the scarcity of qualified financial managers in the mining sector, and the nominee's extensive experience and crucial role in managing significant financial aspects of the company's projects. The Tribunal concluded that the applicant met the criteria for the visa.

Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant, Ms Yu Wang, meets the criteria for the grant of a Subclass 186 visa, including cl 186.223 of Schedule 2 to the Regulations. The Tribunal also found that as the primary applicant met the criteria, the secondary applicants also met the criteria for the grant of the visa.