Zhao (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream, made by the applicant, a Massage Therapist. The primary dispute before the Tribunal was whether the applicant met the criteria for the visa, specifically concerning the nomination of the position.

The Tribunal was required to determine whether the applicant satisfied the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the nominated position was approved, had not been withdrawn, and whether there was any adverse information concerning the nominator or associated persons. Additionally, the Tribunal had to consider if the position remained available to the applicant and if the visa application was lodged within the prescribed timeframe after the nomination approval.

The Tribunal found that a previous nomination lodged by Super Health P/L had been refused. However, a subsequent decision by the Tribunal on 5 November 2019 approved the related nomination application. Based on this subsequent approval, the Tribunal was satisfied that the applicant met clause 186.223(2) of Schedule 2, as the nominator was the prospective employer, the nomination was approved and not withdrawn, there was no adverse information, the position remained available, and the visa application was made within six months of the nomination approval.

Given that only clause 186.223(2) was definitively met by the Tribunal's finding, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the grant of the Subclass 186 visa.