Wang (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Temporary Residence Transition stream. The applicant sought review of a decision concerning the approval of a nomination for the position of Mechanical Engineering Technician. The Tribunal, constituted by Phoebe Dunn, was required to determine whether the nomination criteria under clause 186.223 of the Regulations had been met.

The primary legal issue before the Tribunal was whether the nomination for the applicant's position as a Mechanical Engineering Technician had been approved and had not been subsequently withdrawn, as required by clause 186.223(2) and (3). Additionally, the Tribunal considered whether the applicant met the requirements of clause 186.311, which pertains to family members applying for the visa.

The Tribunal reasoned that the nomination, initially refused by a delegate of the Minister, had subsequently been approved by the Tribunal itself on review on 20 March 2020. This approval meant that the first named applicant satisfied clause 186.223(2). However, the Tribunal found it could not make a direction that the second named applicant met the family member criteria under clause 186.311, as the primary applicant did not hold the Subclass 186 visa at the time of the Tribunal's decision. Consequently, the Tribunal remitted the application for reconsideration, directing that the first named applicant met the criteria under clause 186.223(2), and referred the case of the second named applicant to the Department for fresh consideration.