Wang (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The primary dispute revolved around whether the applicant's nominated position as an Importer or Exporter had an approved nomination. The decision was made by Cathrine Burnett-Wake, a Member of the Tribunal.

The central legal issue before the Tribunal was to determine if the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of the nomination for the position. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant's nominating employer, CAS INT'L PTY LTD, had initially had its nomination refused by the Department. However, the Tribunal had previously set aside that decision and substituted an approval of the nomination under subregulation 5.19(3). As this approval had been made and not subsequently withdrawn, the Tribunal found that the applicant met the requirements of clause 186.223(2). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the primary applicant, and also for the reconsideration of the applications of the second, third, and fourth named visa applicants who were applying as members of the family unit.