Saqib (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Saqib, an applicant for a Subclass 186 Employer Nomination Scheme visa under the Temporary Residence Transition stream. The dispute centred on whether the position of ICT Account Manager, which was the subject of the visa application, was supported by an approved nomination by Ahmer Arif Ismail.

The primary legal issue before the Tribunal was to determine if the applicant met criterion 186.223 of the Migration Regulations 1994, which requires the position to be the subject of an approved nomination that has not been withdrawn, and for which there is no adverse information known to the Department, or such information is reasonable to disregard. The Tribunal also had to consider whether the position remained available to the applicant and if the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nomination application for the ICT Account Manager position was refused, and this refusal was affirmed by the Tribunal on 19 December 2019. The Tribunal notified the applicant of this adverse information, explaining that without an approved nomination, the visa criteria could not be met. Despite the applicant's appointment of a migration agent and requests for information and extensions, the fundamental issue remained the lack of an approved nomination. Consequently, the Tribunal affirmed the decision not to grant the visa.