Zhou (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision not to grant the applicant an Employer Nomination (Permanent) (Class EN) visa. The applicant sought to satisfy the criteria for a Subclass 186 visa in the Temporary Residence Transition stream.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994, specifically subclause (2) which requires that the nomination for the position be approved. The Tribunal also considered whether there was any adverse information known to Immigration concerning the nominator or associated persons, and whether the position remained available to the applicant.

The Tribunal reasoned that the applicant could not satisfy clause 186.223(2) because the nomination lodged by the applicant's nominating company, SJ Infinity Pty Ltd, had been refused by a delegate of the Minister for Home Affairs. The Tribunal had notified the applicant of this information and invited a response, but no response was received. As there had been no application for review of the nomination refusal by the nominating company, the nomination was not approved and had not been subsequently withdrawn. Consequently, the Tribunal found that the applicant had failed to meet the essential criteria for the visa.

The Tribunal affirmed the decision not to grant the applicant the visa.