Zhao (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, by the first applicant, with the second and third applicants applying as members of the applicant's family unit. The core dispute revolved around whether the applicant met the criteria for the visa, specifically concerning the nomination of the position. The decision was made by Alison Mercer, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant satisfied clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause outlines several requirements relating to the nominated position, including that the nomination must have been approved and not withdrawn, that there must be no adverse information known to Immigration about the nominator or associated persons, that the position must still be available to the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 reasoned that the applicant's employer, Greenwood Manors Pty Ltd, had applied to nominate the position of Registered Nurse (Aged Care) with the applicant as the nominee. Although this nomination was initially refused, the Tribunal had previously set aside that refusal and substituted a decision to approve the nomination. Based on this prior decision and a review of departmental records, the Tribunal was satisfied that all sub-clauses of clause 186.223 were met. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria. The applications of the second and third named applicants were to be determined by reference to the outcome of the first applicant's application.