Yang (Migration)

The Administrative Appeals Tribunal considered the case of Ms Yang, who sought review of a decision concerning her Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream. The primary dispute revolved around whether the nomination for Ms Yang's position as Corporate General Manager had been approved as required by clause 186.233 of the relevant regulations.

The Tribunal was required to determine if the nomination met the criteria outlined in clause 186.233, specifically whether the nominator was the prospective employer, if the nomination had been approved and not withdrawn, if there was no adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval. The Tribunal also had to consider the implications of a prior Departmental refusal of the nomination and a subsequent Tribunal decision that set aside that refusal and approved the nomination.

The Tribunal reasoned that while the Department had initially refused the nomination, a subsequent review by the Tribunal had resulted in the nomination being approved. Based on the evidence presented, including that from the nomination review case, the Tribunal was satisfied that all the requirements of clause 186.233 had been met. This included confirmation that the nominator was the employer, the nomination was approved and not withdrawn, no adverse information existed or was disregarded, the position remained available, and the visa application was made within the prescribed timeframe.

Consequently, the Tribunal remitted the visa applications for reconsideration. The direction was that the first named applicant, Ms Yang, met the criteria under clause 186.233. The remaining criteria for her visa application, as well as the entirety of the second named visa applicant's application, were to be reconsidered by the Minister.