Zou (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant sought to have a decision affirmed, which had refused the nomination for the position of Corporate General Manager. The refusal was based on the presence of false and misleading information, as well as adverse information concerning the nominating person.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations. This clause mandates that the nominated position must be the subject of an approved nomination application in the Direct Entry stream, and that the applicant must be identified in relation to that position. Crucially, it also requires that the nominator be the prospective employer, that the nomination has not been withdrawn, and that there is no adverse information known to Immigration about the nominator or associated persons, or that such information can be reasonably disregarded. Furthermore, the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that the Department had refused the nomination application on 8 June 2017, and this decision was subsequently affirmed by the Tribunal on 10 August 2018. As the nomination had not been approved and therefore clause 186.233 could not be satisfied, the applicant had failed to meet the criteria for the Subclass 186 visa in the Direct Entry stream. The applicant had not made claims in respect of any other visa streams.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Employer Nomination (Permanent) (Class EN) visa.