Kamruzzaman (Migration)

This matter concerned an appeal by the applicant, Mr Kamruzzaman, against a decision of the Department of Home Affairs to refuse him an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Temporary Residence Transition stream). The secondary applicants, who were family members of Mr Kamruzzaman, also had their applications refused. The Administrative Appeals Tribunal was required to review these decisions.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994, specifically whether the employer nomination associated with his visa application had been approved. The Tribunal also considered the eligibility of the secondary applicants, which was contingent on the primary applicant meeting the visa requirements.

The Tribunal reasoned that clause 186.223(2) requires the Minister to have approved the nomination. Departmental records indicated that the nomination was refused on 2 February 2018, and while the nominator lodged a review application, this was subsequently withdrawn. The applicant was given an opportunity to comment on the refusal and the withdrawal of the review but did not provide evidence to satisfy the nomination approval requirement. The Tribunal acknowledged the applicant's personal circumstances, including his employment history and desire for his children to have a future in Australia, but explained that eligibility for this visa stream necessitates an approved employer nomination. The Tribunal advised the applicant to seek advice from the Fair Work Ombudsman regarding potential unpaid work entitlements.

The Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicant and the secondary applicants, as the primary applicant did not meet the essential requirement of an approved employer nomination.