ZHOU (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically the Subclass 186 (Employer Nomination Scheme) under the Temporary Residence Transition stream. The applicant, ZHOU, sought review of a decision concerning their visa application, which had been remitted for reconsideration by the Tribunal.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination in the Temporary Residence Transition stream that identified the visa applicant, as required by clause 186.223 of the Regulations. This clause necessitates that the nominated position be the one that was the subject of a declaration made as part of the visa application, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available to the applicant, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominator, Donghu Group Investment Pty Ltd, had applied for review of a nomination refusal decision on 21 July 2017. Subsequently, on 25 July 2019, the Tribunal set aside the refusal and substituted a decision approving the original nomination. The Tribunal concluded that the applicant met all the requirements of clause 186.223, including the approval and non-withdrawal of the nomination, the absence of adverse information, the continued availability of the position, and the timely lodging of the visa application.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies clause 186.223 of Schedule 2 to the Regulations.