Wang (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, specifically under the temporary residence transition stream. The applicant's nominating employer, S Zhang & Y Zhang, had their nomination for the position of ICT Customer Support Officer refused by the Department. The applicant sought review of this refusal before the Tribunal.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions relating to the nominated position, including that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons, that the position must remain available to the applicant, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the applicant met all the criteria under clause 186.223. It noted that a previous Tribunal decision had set aside the Department's refusal and approved the nomination. The Tribunal was satisfied, based on the evidence before it, that the nomination had been approved, not withdrawn, and the position remained available. Furthermore, it was satisfied that the visa application was lodged within the prescribed timeframe and that no adverse information was known to Immigration concerning the nominator or associated persons.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria specified in clause 186.223.