Wang (Migration)

The Administrative Appeals Tribunal considered a decision concerning an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically the Direct Entry stream. The applicant, whose nomination was made by Jsun Care Pty Ltd for the position of Chief Executive Officer, sought review of a decision. The Tribunal was tasked with determining whether the nominated position met the requirements of the visa subclass.

The central legal issue before the Tribunal was whether the position nominated by Jsun Care Pty Ltd for the applicant satisfied the criteria outlined in clause 186.233 of the Migration Regulations 1994. This clause requires, among other things, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant,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 found that all the requirements of clause 186.233 were met. It noted that the nomination details on the visa application form matched the approved nomination by Jsun Care Pty Ltd for the Chief Executive Officer position, satisfying clause 186.233(1)(a). The applicant had also made the necessary declaration under clause 186.233(1)(b). The Tribunal was satisfied that the nomination was approved, had not been withdrawn, and that the position remained available to the applicant. Furthermore, the visa application was made within the six-month timeframe after the nomination's approval, and the Tribunal was not aware of any adverse information concerning the nominator or associated persons.

Consequently, the Tribunal remitted the Employer Nomination (Permanent) (Class EN) visa applications for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in clause 186.233 of Schedule 2 to the Regulations.