Khan (Migration)

This matter concerned an appeal by Mr Khan against the decision not to grant him a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The dispute arose because the nomination supporting Mr Khan's visa application had been withdrawn, and the nominating entity had been deregistered, meaning the position was no longer available. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Khan met the criteria for the visa.

The primary legal issue before the Tribunal was whether the requirements of clause 187.233 of the Migration Regulations 1994 had been satisfied. Specifically, the Tribunal had to consider whether the position to which the application related was the subject of an approved nomination that had not been subsequently withdrawn, and whether the position remained available to the applicant. The Tribunal also considered the applicant's assertion that he was unaware of the deregistration of the nominating company.

The Tribunal reasoned that, irrespective of whether the applicant was aware of the nominating company's deregistration, he failed to meet the essential criteria under clause 187.233. The evidence indicated that the nomination had not been approved and had subsequently been withdrawn, and crucially, the position was no longer available to Mr Khan. The Tribunal affirmed that it was not bound by the Department's previous decision and was required to conduct its own assessment of the evidence.

The Tribunal affirmed the decision not to grant Mr Khan the visa, as the requirements for the Subclass 187 visa in the Direct Entry stream had not been met.