Zhao (Migration)

This matter concerned an appeal by the first named applicant, represented by Grandville Homes Pty Ltd, against a decision by the Department of Immigration to refuse to approve a nomination for a Subclass 186 (Employer Nomination Scheme) visa, Direct Entry stream, for the position of Sales and Marketing Manager. The Tribunal, constituted by Member Mary Sheargold, was required to determine whether the nomination met the relevant criteria under clause 186.233 of Schedule 2 to the Migration Regulations.

The primary legal issue before the Tribunal was whether the nomination for the Sales and Marketing Manager position was approved, as required by clause 186.233(3). This clause, as applicable, necessitates that the nominated position be the subject of an approved nomination application, that the nominator is the prospective employer, that the nomination has not been withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that on 24 May 2019, it had set aside the Department's refusal and substituted a decision to approve the nomination under subregulation 5.19(4). Consequently, the Tribunal concluded that the first named applicant met the requirement of clause 186.233(3). Given this finding, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria, including those pertaining to any secondary applicants.