Zhang (Migration)

This matter concerned an application for review by the applicants, identified as Zhang and a second applicant, of a decision not to grant them Employer Nomination (Permanent) (Class EN) visas, specifically under the Subclass 186 Employer Nomination Scheme, Temporary Residence Transition stream. The review was heard by the Tribunal, with Member Amanda Mendes Da Costa presiding.

The primary legal issue before the Tribunal was whether the first applicant had an approved nomination for a position that met the requirements of clause 186.223 of the Migration Regulations 1994. This clause, as applicable, stipulated that the position must be the subject of an approved nomination identifying the visa applicant, that the nomination must not have been withdrawn, that there must be no adverse information known to Immigration concerning the nominator or associated persons, that the position must still be available to the applicant, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal affirmed the decision not to grant the visas, finding that the first applicant did not meet the requirements of cl.186.223. The applicant informed the Tribunal that the company was vacating its premises due to a ceasing lease and was therefore no longer in a position to offer employment. Crucially, the applicant conceded that he did not have an approved nomination for the specified position of Café or Restaurant Manager (ANZSCO 141111). As the primary applicant failed to satisfy the criteria for the visa, the Tribunal also found that the second applicant, as a member of the family unit, did not meet the criteria for the Subclass 186 visa. The Tribunal noted that no further information was provided by the applicants despite being given an opportunity to do so.