Zhang (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of decisions by a delegate of the Minister to refuse Subclass 186 Employer Nomination Scheme visas to Mr Zhang, Ms Gu (his wife), and Ms Zhang (his daughter). The primary dispute revolved around Mr Zhang's presence in the migration zone at the time he lodged his application for review, which affected the Tribunal's jurisdiction in his case, and the eligibility of Ms Gu and Ms Zhang as secondary applicants.

The Tribunal was required to determine whether it had jurisdiction to review the refusal of Mr Zhang's visa application, given his departure from the migration zone. It also had to consider whether Ms Gu and Ms Zhang met the criteria for a Subclass 186 visa, specifically whether they were family members of a Subclass 186 visa holder and whether they met other relevant clauses of Schedule 2 of the Regulations.

The Tribunal found that Mr Zhang was not in the migration zone when he lodged his application for review, meaning the Tribunal lacked jurisdiction to consider his case. However, as Ms Gu and Ms Zhang were in Australia at the time of Mr Zhang's review application, the Tribunal had jurisdiction in relation to their applications. The Tribunal noted that neither Ms Gu nor Ms Zhang had applied on the basis of meeting primary criteria for the visa, nor were they named in a relevant declaration. Despite being invited to provide comments or responses to information that would likely lead to the affirmation of the delegate's decision, neither Ms Gu nor Ms Zhang submitted any material. Consequently, the Tribunal found that they did not meet the requirements of clauses 186.311 or 186.233 of Schedule 2 of the Regulations.

The Tribunal affirmed the delegate's decision to refuse the Subclass 186 visas to Ms Gu and Ms Zhang.