Sarifdeen (Migration)

The case of *Sarifdeen (Migration)* concerned an application for a Subclass 186 Employer Nomination Scheme visa, Temporary Residence Transition stream. The applicant, Mr. Sarifdeen, was nominated by Islam Kazi Muzharul for the position of Retail Buyer. The dispute centred on whether the nominated position and the applicant's employment met the relevant criteria under the *Migration Regulations 1994* (Cth).

The court was required to determine whether the nominated position of Retail Buyer was genuine and still available to the applicant, and whether the applicant had met the requirements of clauses 186.223, 186.232, and 186.311 of Schedule 2 to the *Migration Regulations 1994*. Specifically, the court needed to assess if the applicant's duties aligned with the ANZSCO Code for a Retail Buyer and if the nominating sponsor's business was a lawfully operating entity that genuinely required the nominated position.

The court considered evidence regarding the applicant's stated duties, which included monitoring sales data, negotiating with suppliers, planning sales promotions, stock taking, and anticipating consumer trends. It also examined evidence of the nominating sponsor's business, including its registration, lease agreements, history of operation, and employment of other staff. The court noted the salary offered and the subsequent contract of employment. Ultimately, the court found that the primary applicant had met the criteria pertaining to cl.186.223, which implies that the secondary applicant, as a member of the family unit, also met the criteria for the grant of the visa.

The Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration. The direction was that the applicants meet the criteria specified in cl.186.223, cl.186.232, and cl.186.311 of Schedule 2 to the Regulations.