Wang (Migration)

This matter concerned an application for review by Mr Mingqun Wang of a decision by a delegate of the Minister for Home Affairs to refuse him an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream, for the nominated position of Accountant (General). The delegate's refusal was based on the applicant not meeting criterion cl.186.223 of the Migration Regulations 1994, which requires an approved nomination. The Tribunal affirmed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause requires that the position for which the visa is sought must be the subject of an approved nomination that identifies the visa applicant, and that the nomination has not been withdrawn, there is no adverse information concerning the nominator or associated persons, the position remains available, and the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the applicant could not satisfy cl.186.223 because the nomination lodged by PY Green Health Pty Ltd had been refused by a delegate of the Minister for Immigration and Border Protection on 18 April 2018. As the nomination was refused, the Tribunal concluded that cl.186.223(2) was not met, and consequently, the applicant did not satisfy the primary criteria for the Subclass 186 visa. The Tribunal had previously affirmed the decision not to approve the nomination on 17 June 2020. The applicant's request for a deferral of the visa decision, based on an intention to appeal the nomination refusal to the Federal Court, was noted but did not alter the Tribunal's finding that the nomination itself had been refused.

The Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa. A minor correction was made to the Decision Record, changing the date on the cover page from '3 July 2017' to '3 July 2020'.