Abdullahi (Migration)

The applicant, Mr. Abdullahi, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a decision of the Administrative Appeals Tribunal. The Tribunal had affirmed the refusal of Mr. Abdullahi's application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The central issue was whether Mr. Abdullahi was the subject of an approved nomination as required by the *Migration Regulations 1994* (Cth).

The court was required to determine whether the Tribunal had erred in law by finding that Mr. Abdullahi was not the subject of an approved nomination at the time of the visa application. Specifically, the court considered whether the nomination lodged by the employer was valid and whether it could be considered "approved" in the circumstances presented.

Justice Connolly found that the Tribunal had correctly applied the law. The evidence before the Tribunal established that the nomination lodged by the employer was not approved by the Department of Home Affairs prior to the visa application being made. Regulation 5.19(1)(c) of the *Migration Regulations 1994* requires that the applicant must be the subject of an approved nomination. As there was no approved nomination at the relevant time, the applicant did not meet this criterion. The court affirmed the Tribunal's decision.