Ali (Migration)

This matter concerned an appeal by Mr Ali against a decision to refuse his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The primary issue before the Tribunal was whether the nomination made by the prospective employer, Orange Bamba Pty Ltd, for the position of Motor Mechanic (General) had been approved and remained valid.

The Tribunal was required to determine if the criteria under cl.187.233 of Schedule 2 to the Migration Regulations 1994 had been met. Specifically, this involved assessing whether the nomination had been approved by the Minister, had not been subsequently withdrawn, and if the position remained available to the applicant. The Tribunal also considered whether the circumstances warranted a referral to the Minister for intervention under s.351 of the Migration Act 1958.

The Tribunal found that the nomination made by Orange Bamba Pty Ltd had not been approved by the Department. Furthermore, the company had subsequently gone into liquidation, and its liquidator had advised the Tribunal of the withdrawal of the company's review application. Mr Ali's representative acknowledged that the visa application could not proceed due to the lack of an approved nomination. While the Tribunal accepted that the liquidation was not Mr Ali's fault and noted his qualifications, it lacked sufficient documentation to assess whether the case presented unique or exceptional circumstances for ministerial intervention.

Consequently, the Tribunal affirmed the decision not to grant Mr Ali the Subclass 187 visa, as he had failed to meet the essential criterion of having an approved nomination. The Tribunal noted that Mr Ali could pursue direct ministerial intervention if he wished.