Kamruzzaman (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant, Mr. Kamruzzaman, sought to have the decision affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream, specifically concerning the requirement for an approved nomination. The Tribunal was required to consider whether the nomination made by Shah & Tiwanas Pty Ltd for the position of Chef had been approved and remained valid, or if there was any other basis upon which the visa could be granted.

The Tribunal's reasoning focused on clause 187.233 of the Migration Regulations, which outlines the requirements for an approved nomination in the Direct Entry stream. The evidence presented indicated that the application for approval of the nomination by Shah & Tiwanas Pty Ltd had been refused by a delegate of the Minister on 3 September 2019, and no appeal had been lodged against this refusal. Consequently, there was no approved nomination, a fundamental requirement for the grant of the visa. Despite the applicant's personal circumstances and his desire to make a new application with a different sponsor, the Tribunal was bound by the existing refusal of the nomination.

The Tribunal affirmed the decision not to grant the applicant the visa, concluding that the essential criterion of an approved nomination had not been met.