Wang (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant sought to have the decision to refuse the visa affirmed. The Tribunal was required to consider whether the applicant met the criteria for the visa, specifically concerning the nominated position and the status of secondary applicants.

The primary legal issues before the Tribunal were whether the nominated position met the requirements of clause 186.233 of Schedule 2 to the Migration Regulations 1994, and whether the secondary applicants qualified as members of the family unit of a person who had satisfied the primary criteria for the grant of a Subclass 186 visa. Clause 186.233 outlines several conditions for the nominated position, including that the nomination must have been approved and not subsequently withdrawn, and that there must be no adverse information known to Immigration about the nominator or associated persons, or such information must be reasonable to disregard.

The Tribunal found that the employer's nomination application had been refused, and this refusal was affirmed on review by the Tribunal in a previous decision. Consequently, the requirement that the nomination be approved under subregulation 5.19(2) or subparagraph 5.19(4)(h)(i) was not met. Furthermore, as the primary applicant did not satisfy the criteria for the visa, the secondary applicants, who were members of the family unit, also did not meet the requirements of clause 186.311.

Accordingly, the Tribunal affirmed the decision not to grant the applicants Employer Nomination (Permanent) (Class EN) visas.