Shafqat (Migration)

The Administrative Appeals Tribunal considered the case of Mubeen Shafqat, who sought review of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Temporary Residence Transition stream. The core of the dispute revolved around whether the applicant had satisfied the criteria for an approved nomination for the position of Cook.

The Tribunal was required to determine if the applicant met the requirements of clause 186.223 of the Migration Regulations 1994. Specifically, this involved assessing whether the nominated position was the subject of an approved nomination that had not been withdrawn, whether there was any adverse information concerning the nominator, if the position remained available to the applicant, and if the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the fact that the application for approval of the nominated position made by SEWPERSAD HOLDINGS PTY LTD had been refused by a delegate of the Minister. This refusal was subsequently affirmed by the Tribunal itself upon review. Consequently, the nominator's application for the nominated position was not approved. The Tribunal concluded that a fundamental requirement for the grant of the visa, namely an approved nomination, had not been met.

Therefore, the Tribunal affirmed the delegate's decision not to grant the applicants the Employer Nomination (Permanent) (Class EN) visas, as the essential criteria for the Temporary Residence Transition stream had not been satisfied.