Zhang (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Senior Member Michael Cooke, was tasked with determining whether the applicant was the subject of an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several conditions that must be satisfied for a nomination to be considered valid for the Temporary Residence Transition stream. These include the nomination being approved and not withdrawn, the absence of adverse information concerning the nominator or associated persons (or the ability to disregard such information), the continued availability of the nominated position, and that the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicant met all the requirements of clause 186.223. It noted that the nomination by STAGE & DANCE HIRE (PTY) LTD had been approved by the Tribunal on 16 February 2023. Having determined that this specific criterion was satisfied, the Tribunal concluded that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining eligibility criteria for the Subclass 186 visa.