Mohammed (Migration)

This matter concerned an appeal by Mr Mohammed against the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa under the direct entry stream. The application was made by JMERSC Pty Ltd atf GSKC Family Trust for the position of Retail Manager (General). The case was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the position of Retail Manager (General) by JMERSC Pty Ltd atf GSKC Family Trust had been approved, as required by clause 187.233 of the Migration Regulations. This clause outlines several criteria, including that the nominating employer must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination approval.

The Tribunal found that departmental records indicated the nomination relating to Mr Mohammed's visa application was refused on 22 December 2017. Although a review application was lodged, a differently constituted Tribunal found it had no jurisdiction to review that refusal on 10 March 2020. Subsequently, the Tribunal notified Mr Mohammed of adverse information regarding the nomination and explained why this would lead to affirming the visa refusal, specifically noting that his application was not the subject of an approved nomination. The Tribunal concluded that the nomination had not been approved and therefore the criteria under clause 187.233 were not met.

Consequently, the Tribunal affirmed the decision to refuse Mr Mohammed's visa. As Mr Mohammed had not been granted a Subclass 187 visa, the Tribunal also affirmed the decisions to refuse the visa applications of the secondary applicants, Fouzia Tabassum, Khaleel Raza Mohammed, and Hussain Raza Mohammed, who were members of his family unit.