Rahman (Migration)

The Administrative Appeals Tribunal considered the case of Mr Rahman, who sought an Employer Nomination (Permanent) (Class EN) visa, specifically under the Temporary Residence Transition stream of the Subclass 186 visa. The dispute arose because Mr Rahman was not the subject of an approved nomination, and the Tribunal affirmed the refusal of his nomination application.

The primary legal issue before the Tribunal was whether Mr Rahman met the requirements for a Subclass 186 visa in the Temporary Residence Transition stream, specifically concerning the necessity of an approved nomination. Clause 186.223 of the relevant regulations stipulated that for this stream, the position must be the subject of an approved nomination, and the applicant must have been identified in that nomination.

The Tribunal reasoned that the nomination application made by Mr Khan, the sponsor, had been refused by the Department and this refusal was affirmed on review. As there was no information before the Tribunal indicating an approved nomination, Mr Rahman could not satisfy the criteria in cl.186.223(2). Consequently, as Mr Rahman did not meet the primary criteria for the visa, his family unit members, who relied on his eligibility for secondary criteria, also failed to meet their requirements. The Tribunal therefore affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicants.