Hashemi (Migration)

This matter concerned an application for review by Seyed Hossein Hashemi of a decision to refuse to grant him a Subclass 186 (Employer Nomination Scheme) visa, specifically under the Direct Entry stream. The applicant sought to have the Tribunal affirm the decision to refuse his visa application.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.233 of the Migration Regulations 1994, which requires that the nomination relied upon for the visa application has been approved. This clause mandates that for the Direct Entry stream, the nominated position must be the subject of an application for approval under the relevant regulations, and that the nomination must have been approved and not subsequently withdrawn. Further requirements include that the employer who made the nomination is the one who will employ the applicant, that there is no adverse information known to the Department about the nominator or associated persons, or that such information can be disregarded, and that the position remains available to the applicant. The visa application must also have been made no more than six months after the nomination was approved.

The Tribunal noted that the applicant had only sought to satisfy the criteria for the Subclass 186 visa in the Direct Entry stream. The Tribunal had previously written to the applicant requesting comment on potentially adverse information concerning a decision to refuse a nomination by Ecotrade Pty Ltd. The applicant did not respond to this request. The Tribunal also invited the applicant to provide information demonstrating that he was the subject of an approved nomination under regulation 5.19, as required by clause 187.233(3). As the applicant had not met the requirements for the Direct Entry stream, the Tribunal concluded that the decision under review should be affirmed.