Zhang (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa under the Direct Entry stream, brought by the applicants, Zhang and others, against the decision of the delegate of the Minister for Immigration. The delegate had refused to grant the visa, and this refusal was subsequently affirmed on review.

The primary legal issue before the Tribunal was whether the applicants had satisfied the criteria for the Subclass 186 visa in the Direct Entry stream. The Tribunal was required to determine if the nominated position met the relevant requirements and if the applicants had otherwise fulfilled all necessary conditions for this visa subclass.

The Tribunal found that the applicants had failed to satisfy the requirements for the Subclass 186 visa in the Direct Entry stream. As no claims were made in respect of other visa streams, and the specific criteria for the Direct Entry stream were not met, the Tribunal affirmed the decision not to grant the visa. The Tribunal's decision was to affirm the delegate's refusal.