Zeren (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, by the applicants, including Zeren Group Pty Ltd as the nominator. The dispute arose when the nomination lodged by Zeren Group Pty Ltd was refused by a delegate for the Minister of Home Affairs on 5 July 2019. The applicants sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of the applicable regulations. This clause, among other things, mandates that the nomination must have been approved and not subsequently withdrawn, and that the visa application must be made within six months of the nomination's approval. The Tribunal also considered whether the secondary applicants met the criteria for the visa under clause 187.311.

The Tribunal reasoned that the nomination lodged by Zeren Group Pty Ltd was refused on 5 July 2019 and this refusal remained in effect as no application for judicial review was pending. Furthermore, the Tribunal had previously determined it lacked jurisdiction to review the nomination refusal because the nominator, Zeren Group Pty Ltd, had been deregistered. Consequently, the Tribunal found that the position was not the subject of an approved nomination, and therefore, clause 187.233 was not met. As the primary applicant failed to satisfy this criterion, the Tribunal concluded that the secondary applicants also failed to meet the requirements for the visa.

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