Alhaddad (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa, Temporary Residence Transition stream, by Mr Alhaddad. The applicant sought Ministerial Intervention after his visa application was refused. The Administrative Appeals Tribunal was required to review the decision to affirm the refusal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.233 of the Migration Regulations 1994, specifically concerning the requirement for an approved nomination. The Tribunal also considered whether the applicant's circumstances constituted "unique or exceptional circumstances" that would warrant Ministerial Intervention, given the applicant's long residence in Australia, the cessation of his employment through no fault of his own, and his engagement to an Australian permanent resident.

The Tribunal noted that the nomination lodged by the applicant's sponsor, Kate Katisat, had been refused by the Department of Home Affairs, and this decision was affirmed by the Tribunal on review. Consequently, the nomination was not approved, and the applicant therefore did not meet the requirement of being the subject of an approved nomination under clause 186.233. While acknowledging the applicant's difficult situation, including his decade-long residence in Australia, his acculturation, the involuntary cessation of his employment, and his impending marriage, the Tribunal found that these circumstances did not meet the criteria for unique or exceptional circumstances as outlined in the Ministerial guidelines.

The Tribunal affirmed the decision under review, concluding that the applicant did not satisfy the visa requirements.