Zhang (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, for the applicants. The primary applicant sought the visa for a Practice Manager position, and the second applicant applied as a member of her family unit.

The Tribunal was required to determine whether the applicants met the criteria for the Subclass 187 visa, specifically focusing on the nomination requirements under clause 187.233. The Tribunal also considered the request for Ministerial Intervention under section 351 of the Migration Act 1958 (Cth), in light of submissions concerning the public interest.

The Tribunal found that the nomination application made by Tao Jiang was refused by a delegate of the Minister on 2 August 2022. Consequently, the Tribunal concluded that the requirement for an approved nomination under clause 187.233(3) was not met. As the Tribunal lacks the power to waive this mandatory criterion, and the primary applicant failed to satisfy the prescribed requirements for the Direct Entry stream, the decision under review was affirmed. The secondary applicant's claim, being dependent on the primary applicant's eligibility, also failed.

Despite affirming the visa refusal, the Tribunal recommended that the submissions regarding public interest factors be provided to the Minister for consideration of discretionary intervention. These submissions highlighted the primary applicant's ongoing legal proceedings in Australia related to workplace bullying and personal injury, her professional qualifications, and the potential separation of the secondary applicant from her father if required to depart Australia. The Tribunal noted the secondary applicant's long-term education in Australia and her close relationship with her father. The Tribunal ultimately affirmed the decision not to grant the visas.