Zhu (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 Direct Entry stream. The applicant sought to satisfy the criteria for this visa stream, with no claims made in respect of other available visa streams. The decision under review was affirmed.

The primary legal issue before the Tribunal was whether the applicant had met the requirements for a Subclass 186 visa in the Direct Entry stream. This involved an assessment of the nominated position and the applicant's eligibility in relation to that nomination.

The Tribunal affirmed the decision not to grant the visa because the requirements for the Direct Entry stream had not been met. The provided text outlines the specific criteria for a Subclass 186 visa nomination, including the requirement for an approved nomination, the employer's identity, the absence of adverse information, the continued availability of the position, and the timeframe for the visa application following nomination approval. As the applicant failed to satisfy these criteria, the decision to refuse the visa was upheld.