Zou (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically under the temporary residence transition stream. The applicant's employer, Star 8 Australia Pty Ltd, had its nomination for the applicant's position as Supply and Distribution Manager refused by the Department of Home Affairs. The applicant's employer sought review of this refusal before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met criterion 186.223 of Schedule 2 to the Regulations, which pertains to the approval of a nominated position for the Subclass 186 visa. This criterion requires, among other things, that the nominated position has been approved, has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available to the applicant,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, constituted by Terrence Baxter, found that the applicant did meet criterion 186.223. The Tribunal noted that the Department's initial refusal of the nomination was set aside on review, and a decision was substituted to approve the nomination. Given this finding, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be taken to meet criterion 186.223(2) of Schedule 2 to the Regulations.