Ahmad (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant, Mr Khalil Ahmad, was the nominee for a Sales and Marketing Manager position, with the sponsoring employer being Nextdot Solutions Pty Ltd. The Department had refused the visa application because the employer's nomination for the position had not been approved. Both the employer and Mr Ahmad sought review of these decisions by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the Sales and Marketing Manager position had been approved, as this was a prerequisite for the grant of the Subclass 187 visa. The Tribunal was required to determine if the applicant had satisfied the criteria for the visa, specifically concerning the approved nomination.

The Tribunal found that Nextdot Solutions Pty Ltd had been deregistered and ceased to exist as a legal entity. Consequently, the Tribunal determined it did not have jurisdiction to review the employer's nomination application, meaning the nomination had not been approved. The Tribunal subsequently issued a notice under s 359A of the Migration Act 1958, inviting the applicant to comment on the fact that the nomination had not been approved and that this would likely lead to the affirmation of the visa refusal. As no response was received by the specified date, the applicant was not entitled to appear before the Tribunal.

Given that an approved nomination is a mandatory requirement for the grant of a Subclass 187 visa in the Direct Entry stream, and the nomination in this case was not approved, the Tribunal concluded that the applicant had not met the necessary criteria. Accordingly, the Tribunal affirmed the decision not to grant the visa.