Ahmed (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Temporary Residence Transition stream. The applicant's father, Mr Zahoor Ahmed, was the primary applicant, and the nominator was Vantage Marketing Services Pty Ltd. The Tribunal was required to determine whether the applicant was a member of the family unit of a person who had been granted a Subclass 187 visa.

The legal issues before the Tribunal were multifaceted. Firstly, it had to consider the refusal of the nomination lodged by Vantage Marketing Services Pty Ltd, which had subsequently been deregistered and ceased to exist. Secondly, the Tribunal had to address the death of the primary applicant, Mr Zahoor Ahmed, which meant the review applicant was no longer a member of the family unit of a person who had been granted the visa. The Tribunal also had to consider whether any unique or exceptional circumstances, as outlined in the Minister's guidelines, warranted referral to the Minister for intervention.

The Tribunal reasoned that due to the deregistration of the nominator and the death of the primary applicant, the nomination remained refused, and consequently, the applicant could not satisfy the regulatory criteria for the visa as she was not a member of the family unit of a person who had been granted a Subclass 187 visa. However, the Tribunal acknowledged the applicant's circumstances, including her age, her long residence in Australia, her integration into the Australian community, her educational aspirations, and the potential for serious and irreversible harm if she were returned to Pakistan. The Tribunal found these circumstances to be unique and exceptional, warranting a referral to the Minister for possible consideration of intervention powers.

Despite the referral for Ministerial Intervention, the Tribunal affirmed the decision not to grant the applicant the visa, as the applicant did not meet the specific regulatory criteria. The Tribunal noted that the applicant could make a request for Ministerial Intervention in her own right.