Muhmmod (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Direct Entry stream, by Mr Muhmmod. The applicant sought review of a decision affirming the refusal of his visa application. The core of the dispute was whether the applicant met the criteria for the visa, specifically in relation to an approved nomination by Asia Invest Enterprises Pty Ltd. The case was heard by Lilly Mojsin.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 186.233 of the Migration Regulations 1994, which sets out the criteria for the Subclass 186 visa in the Direct Entry stream. This clause requires, among other things, that the position to which the application relates be the subject of an approved nomination that has not been withdrawn, and that the applicant be identified in relation to that position. The Tribunal was also required to consider whether the applicant was the subject of an approved nomination, as without one, he would be ineligible to meet the primary criteria.

The Tribunal found that the applicant acknowledged that the nomination made by Asia Invest Enterprises Pty Ltd for the position of Graphic Designer had been refused. As clause 186.233(3) requires that the Minister has approved the nomination, and this condition was not met, the applicant could not satisfy the primary criteria for the visa. The applicant had not made claims in respect of any other visa streams. Consequently, the Tribunal affirmed the decision not to grant the visa.