Mazher (Migration)

The Administrative Appeals Tribunal considered the review of a decision to refuse a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the first applicant, Mazher, and secondary applicants. The dispute arose because the associated nomination application lodged by Buzzad Marketing Pty Ltd for the nominated position of Sales and Marketing Manager was refused by a delegate of the Minister. Consequently, the visa application was also refused on the grounds that there was no approved nomination.

The primary legal issue before the Tribunal was whether the criteria for the Subclass 187 visa, specifically under clause 187.233 of Schedule 2 to the Migration Regulations, had been met. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination approval.

The Tribunal reasoned that the applicant had applied for the visa based on a nomination application lodged by Buzzad Marketing Pty Ltd, which was subsequently refused by a delegate on 22 October 2018. As a direct consequence, the applicant's visa was refused on 21 November 2018 because the essential requirement of an approved nomination had not been satisfied. The Tribunal had informed the applicant at the hearing that the approval of the nomination was a prerequisite for the visa to succeed and provided an opportunity for the applicant to respond in writing to the adverse information regarding the nomination refusal. No response was received. The Tribunal concluded that the applicant had not met the criteria for the Direct Entry stream of the Subclass 187 visa.

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