Mozibur Rahman (Migration)

The Administrative Appeals Tribunal considered the case of Mozibur Rahman and other applicants concerning applications for Employer Nomination (Permanent) (Class EN) visas, specifically the Subclass 186 Employer Nomination Scheme. The dispute arose from the refusal of the nomination for the position by the Department, a decision that was subsequently affirmed by the Tribunal. The primary applicant, Mr. Rahman, sought to satisfy the criteria for the visa under the Temporary Residence Transition stream.

The central legal issue before the Tribunal was whether the applicants met the requirements of clause 186.223 of the Migration Regulations. This clause mandates that for applicants in the Temporary Residence Transition stream, the position to which the application relates must be the subject of an approved nomination application. Furthermore, the applicant must have been identified in the nomination as the relevant visa holder, and the position must correspond to the one declared in the visa application.

The Tribunal reasoned that a prerequisite for meeting clause 186.223(2) is that the Minister must have approved the nomination. In this instance, the nomination application for the position was refused by the Department, and this refusal was upheld by the Tribunal. As the nomination application was not approved, the Tribunal concluded that the applicants could not satisfy the criteria for the visa under the Temporary Residence Transition stream. Since the primary applicant did not meet the visa criteria, and the other applicants' claims were based on being members of his family unit, their applications also failed.

Consequently, the Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicants.