Al Mamun (Migration)

This matter concerned an appeal by Al Mamun (the applicant) against a decision of the Administrative Appeals Tribunal (the Tribunal) regarding his application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant sought review of the Tribunal's decision which had remitted his visa application for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994, specifically concerning the approval of a nomination for the position of Bricklayer. This clause requires, among other things, that the nomination has been approved, has not been withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the applicant met the requirements of clause 186.223(2) because the nomination made by SM Business Group Pty Ltd ATF Mia Family Trust had been approved by the Tribunal on 18 June 2020, setting aside a prior delegate's decision to refuse approval. Consequently, the Tribunal determined that the applicant had satisfied this criterion and remitted the visa application to the Minister for consideration of the remaining criteria. The Tribunal also addressed the applications of accompanying family members, noting that as the primary applicant did not hold a Subclass 186 visa at the time of the Tribunal's decision, it could not direct that they met the requirements of clause 186.311, but referred their applications to the Department for fresh consideration.