Ahmad (Migration)

This matter concerned an application by Mr Ahmad for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), specifically within the Temporary Residence Transition stream. The decision under review was affirmed by the Tribunal, presided over by Katie Malyon. The core of the dispute revolved around the applicant's failure to meet the criteria for the visa, particularly in relation to an approved nomination for the position of Customer Service Manager.

The Tribunal was required to determine whether Mr Ahmad met the requirements of clause 186.223 of Schedule 2 to the Migration Regulations 1994. This clause mandates, among other things, that the nominated position must have been the subject of an approved nomination application that has not been withdrawn, and that the visa application must be made within six months of the nomination's approval. The Tribunal also considered whether the applicant had responded to a request for information under section 359A of the Migration Act 1958.

The Tribunal found that the nomination application made by the company for the position of Customer Service Manager had been refused by the Department. Furthermore, Mr Ahmad had failed to provide any response or comment to the Tribunal regarding this refusal when invited to do so. As the nomination had not been approved, the Tribunal concluded that Mr Ahmad did not meet the criteria under cl.186.223(2) of Schedule 2 to the Regulations. Since Mr Ahmad had only sought to satisfy the criteria for the Temporary Residence Transition stream and had not met those requirements, the Tribunal affirmed the decision not to grant the visa.