Hossain (Migration)

The Administrative Appeals Tribunal considered the case of Mr Hossain, an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, direct entry stream. The primary dispute concerned whether the applicant met the criteria for the visa, specifically in relation to a nominated position. The Tribunal was required to determine if the applicant was the subject of an approved position nomination as required by the relevant regulations.

The legal issues before the Tribunal were whether the applicant met clause 187.233 of Schedule 2 to the Migration Regulations 1994, which requires that the position to which the application relates be the subject of an approved nomination. This clause further stipulates that the Minister must have approved the nomination and that the nominating entity must be the person who will employ the applicant. The Tribunal also had to consider whether the applicant had been provided with adequate notice of the issues arising from the nomination's refusal and the deregistration of the sponsoring company.

The Tribunal reasoned that the applicant did not meet clause 187.233 because the nomination for the position had not been approved. This was due to the sponsoring company, Aus Bangla International Pty Ltd, having been deregistered by the Australian Securities and Investments Commission prior to the Tribunal's hearing and before the nomination could be finalised. Consequently, the company lacked the legal standing to pursue a review of the nomination refusal. The applicant conceded that he did not have a valid nomination, and therefore, did not dispute that he failed to meet this primary criterion.

As the Tribunal found that the applicant did not meet the Subclass 187 primary criteria, it affirmed the decision to refuse the applicant's visa. Consequently, the Tribunal also affirmed the decision to refuse the visas of the secondary applicants, who were members of the applicant's family unit included in the application.