Islam (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, by Mr Islam and his partner Mrs Ali. The dispute arose because the nomination application made by the sponsoring company for the position of Cook was refused by the Department of Home Affairs and no review of this refusal was sought. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nomination for the position be approved and not subsequently withdrawn, and that the visa application be made within six months of the nomination approval.

The Tribunal reasoned that as the Company's nomination application was refused and no review was sought, the requirement that the nomination be approved was not met. The applicants failed to provide any response or comment on this critical issue when requested by the Tribunal. Consequently, Mr Islam did not satisfy the primary criteria for the visa, and as Mrs Ali's eligibility was secondary to Mr Islam's, she also could not satisfy the criteria.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.