Khan (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream, for the position of Retail Manager. The applicant, Mr. Sameer Ahmed Khan, along with his family members, Mrs. Ishrath Sultana, Miss Abiha Khan, and Miss Ayeza Khan, sought review of a decision to refuse the nomination. The review was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3) of the Migration Regulations 1994, which requires that the Minister has approved the nomination for the position. This clause, as applicable, also necessitates that the nominator is the prospective employer, the nomination has not been withdrawn, there is no adverse information known to Immigration, the position remains available, and the visa application was made within six months of the nomination approval.

The Tribunal affirmed the decision to refuse the nomination, finding that the nominator had failed to satisfy subregulation 5.19(4) of the Regulations. Crucially, the Tribunal determined that there was no approved employer nomination to satisfy clause 187.233(3). Despite an invitation to comment or respond to this potential finding, no response was received from the applicants. Consequently, the Tribunal concluded that the requirements for the Direct Entry stream of the Subclass 187 visa had not been met.

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