Wu (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream, for the primary applicant, and a corresponding refusal for the secondary applicant. The primary applicant sought to have a nomination for a Cook position approved, which was a prerequisite for the visa grant.

The central legal issue before the Tribunal was whether the primary applicant met the criteria under clause 186.223 of Schedule 2 to the Migration Regulations 1994, specifically whether the position to which the application related was the subject of an approved nomination. The Tribunal also considered whether the secondary applicant met the criteria for a Subclass 186 visa in her own right or as a family member.

The Tribunal reasoned that a key requirement for the visa was an approved nomination. It noted that the nominator, Golden DD Catering Pty Ltd, had its application for approval of the nominated position refused by a delegate of the Minister. Furthermore, the nominator had withdrawn its application for review of that refusal. The Tribunal had invited the applicants to comment on this adverse information, but no response was received within the prescribed period. Consequently, the Tribunal found that the primary applicant did not meet the criteria in cl.186.223(2) as the nomination had not been approved. For the secondary applicant, the Tribunal affirmed the decision to refuse the visa as she was not a family unit member of a Subclass 186 visa holder and had not met the primary criteria herself.

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