Zhang (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream, for an applicant nominated by their employer, Comazor Pty Ltd. The applicant sought review of a decision concerning the approval of the nomination. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in relation to the nominated position and the employer's nomination.

The primary legal issue before the Tribunal was whether the applicant had an approved nominating sponsor and a position in which they were to be engaged. This involved an assessment of clause 186.233 of Schedule 2 to the Migration Regulations 1994, which sets out the requirements for a nominated position in the Direct Entry stream. These requirements include that the position must be the subject of an approved nomination, that the nomination must identify the applicant, that the employer must be the nominator, that the nomination must not have been withdrawn and that there must be no adverse information known to Immigration, or such information must be reasonable to disregard. Furthermore, the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that on 17 December 2019, it had approved the nomination in respect of the applicant under regulation 5.19. This approval meant that the applicant now met clause 186.233(3) of Schedule 2 to the Regulations. Having satisfied this criterion, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the first named applicant met clause 186.233, and the second named applicants, Ms Qiran Zhang and Mrs Honghua Zhu, met clause 186.311 for a Subclass 187 (Regional Sponsored Migration Scheme) visa.