Hossain (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Hossain, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The core of the dispute was whether the nomination of the position for which Mr. Hossain applied had been approved, a prerequisite for the visa. The nominator, AUS Bangla International Pty Ltd, had its nomination application refused. Subsequent attempts to review this refusal were unsuccessful because the nominator had been deregistered by ASIC, ceasing to exist as a legal entity and therefore lacking standing to pursue the review.

The Tribunal was required to determine if Mr. Hossain satisfied the criteria for the visa, specifically clause 187.233(3), which mandates that the relevant nomination must have been approved. The Tribunal also considered submissions requesting a referral to the Minister under Ministerial Guidelines, based on alleged unfairness and exceptional circumstances.

The Tribunal reasoned that as the nomination had been refused and the subsequent review was dismissed due to the nominator's deregistration, the requirement under clause 187.233(3) that the nomination be approved was not met. The applicant's representative conceded this point. The Tribunal noted that while it could consider delaying its decision if it might lead to a favourable outcome, this was not the case as the applicant could not rely on any other nomination. The Tribunal concluded that a referral to the Minister was not appropriate in these circumstances.

Consequently, the Tribunal affirmed the decision not to grant Mr. Hossain the visa. As the primary applicant's decision was affirmed, the decisions in respect of the secondary applicants, who applied as members of his family unit, were also affirmed.