Xie (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Direct Entry stream. The applicant, Mrs Linghao Xie, was the nominee, and the nominator was the employer. The core of the dispute revolved around whether the employer's nomination had been approved, as required by the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant met clause 186.233(3) of the Migration Regulations 1994, which mandates that the Minister has approved the nomination. This clause, in conjunction with other provisions, requires that the nominated position be the subject of an approved nomination application, that the nominator be the prospective employer, and that the nomination has not been withdrawn. Further considerations include the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal affirmed the decision to refuse the nomination. While an allegation of financial difficulties concerning the nominator was raised, it was made by an anonymous source in October 2016 and was given no weight by the Tribunal due to its age and origin. The employer was invited to respond to this allegation but did not. Ultimately, the Tribunal found that the nominator had failed to satisfy subregulation 5.19(4) of the Regulations, leading to the affirmation of the decision to refuse the employer nomination. Consequently, the Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicants.