Zhu (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the direct entry stream. The applicant sought review of a decision to refuse the visa. The Tribunal was required to determine whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994.

The central legal issue was whether the nominated position met the criteria for the visa, specifically concerning the approval of the nomination. Clause 186.233 requires, among other things, that the Minister has approved the nomination and that the nomination has not been subsequently withdrawn. The Tribunal also considered whether the applicant had provided sufficient evidence of her employment history.

The Tribunal noted that the application for approval of the nominated position made by Tong Ling Entertainment Pty Ltd, the nominator, had been refused by a delegate of the Minister and that this refusal was affirmed on review by the Tribunal. This meant that the nominator's application for the nominated position had not been approved. The Tribunal raised this information with the applicant, who confirmed her understanding of its relevance. Following an adjournment, the applicant stated she had not initially known the nomination was not approved and was unclear as to the reasons for its refusal. Given the unapproved nomination, the Tribunal concluded that the applicant did not meet the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the visa.