Yan (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Employer Nomination Scheme, Direct Entry stream. The applicant sought to have a decision affirmed that refused their visa application. The core of the dispute revolved around the nomination of a Corporate General Manager position, which the Department had refused to approve due to adverse information concerning the nominating person.

The Tribunal was required to determine whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994. This clause, as applicable, mandates that the nominated position must be the subject of an approved nomination, that the employer is the nominator, and that the nomination has not been withdrawn. Crucially, it also requires that there be no adverse information known to Immigration about the nominator or an associated person, or that such information be reasonable to disregard. Furthermore, the position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal reasoned that the Department had refused the nomination approval on 8 June 2017, and this decision was subsequently affirmed by the Tribunal on 9 August 2018. Consequently, the requirement under clause 186.233 that the nomination be approved and not subsequently withdrawn was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet these essential requirements, the Tribunal concluded that the decision under review should be affirmed. The Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visas.