Zhang (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of Subclass 186. The applicant, Mr. Zhang, sought reconsideration of a decision concerning his visa application, which was linked to an employer nomination.

The primary legal issue before the Tribunal was whether the nomination for Mr. Zhang's position as a Cafe or Restaurant Manager had been approved and met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations. This clause outlines several conditions, including that the nominated position must be the subject of an approved nomination, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal, presided over by Sean Baker, found that the nomination had indeed been approved on 25 May 2021, following a previous review that set aside a refusal. The Tribunal was satisfied that no adverse information was known to Immigration concerning the nominator or associated persons, and that the nominator's representative confirmed the position remained available to Mr. Zhang. Furthermore, the visa application was made within the prescribed six-month period after the nomination approval. Consequently, the Tribunal concluded that clause 186.223 was met.

The Tribunal remitted the visa applications for reconsideration by the Minister, with a specific direction that the primary applicant, Mr. Zhang, satisfied criterion 186.223. The decision also noted that if the primary applicant's visa was approved, the Department could then determine the eligibility of any secondary applicant as a member of the family unit.