Zhang (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review concerning a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream. The applicant, identified as Zhang, sought review of a decision relating to the nomination of a position by Cherrabah Management Services Pty Ltd.

The primary legal issue before the Tribunal was whether the nomination for the position of Interior Decorator met the requirements of regulation 5.19 in Schedule 2 of the Migration Regulations 1994. If the nomination was approved, the Tribunal also considered whether the applicant met the visa eligibility criteria under clause 186.223 and, for accompanying family members, clause 186.311.

The Tribunal found that the nomination for the position of Interior Decorator did meet the requirements of regulation 5.19. Consequently, the Tribunal was satisfied that the first-named applicant met the criteria for the Subclass 186 visa under clause 186.223, and that the other applicants, as family members, met the criteria under clause 186.311. The Tribunal therefore remitted the application to the Department for reconsideration with a direction that the first-named applicant meets the specified criteria.