Ifraz (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically within the Direct Entry stream, by Mr. Ifraz. The Administrative Appeals Tribunal was tasked with reviewing the delegate's decision to refuse the visa. The central dispute revolved around whether the position for which Mr. Ifraz applied met the requirements of clause 186.233 of the Migration Regulations 1994, particularly concerning an approved nomination.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the criteria under clause 186.233, which mandates that the position must be the subject of an approved nomination. This includes requirements such as the nominator being the prospective employer, the nomination not being withdrawn, the absence of adverse information, the continued availability of the position, and the visa application being lodged within six months of the nomination's approval. The Tribunal also had to consider whether the applicant understood these requirements, which were explained to him during the proceedings.

The Tribunal found that the nomination lodged by Clean Torque Pty Ltd was refused on 17 August 2018. Subsequently, an application for Tribunal review was lodged, but on 15 May 2020, the Tribunal determined it lacked jurisdiction to consider the matter because the nominator had been deregistered. The applicant confirmed his understanding of these facts and the Tribunal's inclination to affirm the delegate's decision due to the absence of evidence of an approved nomination. Despite the applicant's submissions regarding his employment and concerns about his former employer, the Tribunal concluded that the essential criteria for the Direct Entry stream, specifically the requirement for an approved nomination, had not been met.

Consequently, the Tribunal affirmed the delegate's decision not to grant Mr. Ifraz the visa.