ZHANG (Migration)

This matter concerned an application by Mr. Zhang for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream. The decision under review was the Minister's refusal to approve Mr. Zhang's nomination. The case was heard by Member Kate Millar of the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Zhang met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination for the position he sought to be employed in. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, and that certain conditions regarding adverse information and the timing of the visa application relative to the nomination approval are met.

The Tribunal found that the nomination for the position had not been approved. This was because, on 23 July 2018, the Tribunal had affirmed a previous decision not to approve the nomination. Consequently, Mr. Zhang could not satisfy clause 187.233, as the essential requirement of an approved nomination was not met. As Mr. Zhang had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet these requirements, the Tribunal affirmed the decision under review.

The Tribunal affirmed the decision not to grant Mr. Zhang a Regional Employer Nomination (Permanent) (Class RN) visa.