Rahman (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The applicant, Mr. Rahman, sought to have the decision to refuse his visa application set aside. The core of the dispute revolved around whether the nomination for the position of ICT Account Manager, which was central to Mr. Rahman's visa application, had been approved.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Subclass 186 visa in the Temporary Residence Transition stream, specifically clause 186.223. This clause necessitates that the position to which the visa application relates must be the subject of an approved nomination, which has not been withdrawn, and that certain conditions regarding adverse information and the availability of the position are met. The Tribunal also had to consider whether the visa application was made within the prescribed timeframe after the nomination's approval.

The Tribunal's reasoning focused on the status of the nomination application. Departmental records indicated that the nomination relating to the applicant's visa application and the ICT Account Manager position was refused on 24 October 2017. This refusal was subsequently affirmed by the Tribunal on 19 December 2019. The applicant was informed of this adverse information. The Tribunal concluded that because there was no approved nomination for the position in question, clause 186.223 was not met. As the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream and had failed to meet the essential requirements, the decision under review was affirmed.