ZHAO (Migration)

This matter concerned an appeal by the applicants against a decision to refuse the approval of a nomination made by Planet Tel Network Pty Ltd in relation to a Subclass 186 (Employer Nomination (Permanent) (Class EN) Visa – Temporary Residence Transition stream) for a Corporate General Manager position. The appeal was heard by Karen McNamara.

The primary legal issue before the Tribunal was whether the applicants satisfied the requirements of clauses 186.223 and 186.311 of the Migration Regulations 1994, with a specific focus on clause 186.223(2). This clause mandates that the position for which the visa is sought must be the subject of an approved nomination application that identifies the visa applicant, and that this nomination must have been approved and not subsequently withdrawn.

The Tribunal reasoned that clause 186.223(2) requires an approved nomination. As the Tribunal had previously affirmed a decision refusing the approval of the nomination made by Planet Tel Network Pty Ltd on 18 December 2018, this essential criterion was not met. The Tribunal had notified the applicants of this fact and invited them to comment, but no response was received within the prescribed period. Consequently, the Tribunal concluded that the applicants had failed to satisfy clause 186.223(2).

The Tribunal affirmed the decision under review, finding that the applicants did not meet the eligibility criteria for the visa.