YANG (Migration)

This matter concerned an appeal by Ms Mei Yang and Mr Haibo Ye regarding applications for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically the Temporary Residence Transition stream. The primary dispute revolved around whether Ms Yang met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, which pertains to the nomination of a position. The decision was made by the Administrative Appeals Tribunal (AAT).

The AAT was required to determine if the nominated position of Cook (ANZSCO 351411) met the criteria outlined in clause 186.223. This included assessing whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval. The AAT also needed to consider the application of Mr Haibo Ye, who applied as a family member of Ms Yang.

The Tribunal found that the nominating employer, Miss Hu Pty Ltd, had its nomination for the Cook position approved by the AAT after an initial refusal by the Department of Immigration. The Tribunal was satisfied that the nominated position was still available to Ms Yang, the nomination had not been withdrawn, and there was no adverse information known to Immigration regarding the nominator or associated persons. Furthermore, the visa application was made concurrently with the nomination, thus satisfying the time limit requirement. Consequently, the Tribunal concluded that Ms Yang met the criteria under clause 186.223.

The Tribunal remitted the visa applications to the Minister for reconsideration, with a specific direction that Ms Yang met the requirements of clause 186.223. The application of Mr Haibo Ye would be determined by the Minister based on the outcome of Ms Yang's application following this remittal.