ZHANG (Migration)

This matter concerned an application for Employer Nomination (Permanent) (Class EN) visas, specifically Subclass 186 Employer Nomination Scheme visas, by the applicants. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the first named applicant possessed an approved nomination that had not been subsequently withdrawn. This involved assessing whether the applicants met the criteria for the Subclass 186 visa, particularly clause 186.223 and clause 186.311 of the Regulations.

The Tribunal considered the timeline of the application, including an initial hearing date, a request for adjournment due to illness, and a subsequent request for a decision without a hearing. Crucially, the applicant's nominator provided a withdrawal of the nomination to the Tribunal on 21 December 2018. The Tribunal found that the first named applicant did not satisfy clause 186.223. Furthermore, as neither the first named applicant nor any other family member had satisfied the primary criteria for the grant of the Subclass 186 visa, the Tribunal was not satisfied that clause 186.311 had been met. Consequently, the Tribunal affirmed the decision not to grant the visas.