Ahmad (Migration)

This matter concerned an application for review of a decision to refuse a nomination for a Temporary Skill Shortage (Class GK) – Subclass 482 visa, short-term stream, for a cook. The applicant was Mr Qadeer Ahmad, and the nominator was The Trustee for Jamila Family Trust. The review was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had an approved nomination that had not been withdrawn, as required by clause 482.212(1) of the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved sponsor at the time of approval, and not have ceased.

The Tribunal reasoned that the nomination application made by The Trustee for Jamila Family Trust was refused by the Department of Home Affairs on 11 September 2018, and this decision was affirmed by the Tribunal on 26 October 2021. Consequently, the requirement for an approved nomination under clause 482.212(1) was not met. The Tribunal had invited the applicants to provide information or comment on this issue, but they requested an extension of time to do so.

The Tribunal affirmed the decision under review, finding that the applicant could not comply with the visa requirements without an approved nomination. The applicants' request for an extension of time was not granted, and the Tribunal proceeded to make its decision based on the available information.