Khurram (Migration)

This matter concerned applications for Employer Nomination (Permanent) (Class EN) visas, specifically the Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream. The primary applicant was Mrs Khurram, nominated for the position of Hair or Beauty Salon Manager. The dispute before the Tribunal was whether Mrs Khurram met the requirements of clause 186.223(2) of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of the nomination. The Tribunal also considered the applications of two other family members, Mr Ayaan Khurram Saghir and Mr Ahmed Khurram, and noted a jurisdictional issue concerning Mr Khurram Saghir.

The central legal issue before the Tribunal was to determine if the nomination for Mrs Khurram's Subclass 186 visa had been approved and met the associated regulatory requirements. This involved assessing whether the nominated position was correctly identified, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within the prescribed timeframe after nomination approval. The Tribunal also had to consider its jurisdiction in relation to the other applicants.

The Tribunal reasoned that a previous decision on 12 September 2019 had set aside the delegate's refusal of the Company's nomination and, in its place, approved the nomination for the Hair or Beauty Salon Manager position for Mrs Khurram. Consequently, the Tribunal concluded that clause 186.223(2) of Schedule 2 to the Regulations was now satisfied by Mrs Khurram. Given this finding, the Tribunal determined that the appropriate course was to remit Mrs Khurram's visa application to the Minister for reconsideration of the remaining criteria. The applications of Mr Ayaan Khurram Saghir and Mr Ahmed Khurram were to be determined by reference to the outcome of Mrs Khurram's application. The Tribunal also stated it had no jurisdiction regarding Mr Khurram Saghir as he was offshore when the review application was lodged.