Shaikh (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision relating to a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the position of Contract Administrator. The applicant, Mr. Shaikh, sought to have a decision affirmed, which related to an approved nomination for the visa.

The primary legal issue before the Tribunal was whether the nomination for the position of Contract Administrator was approved, as required by Clause 187.233 of the Migration Regulations. This clause mandates that the position be the subject of an approved nomination application in the Direct Entry stream, located in regional Australia, and that the applicant be identified in relation to the position if the nomination was made on or after 1 July 2017. Further requirements included that the nominator be the prospective employer, the nomination be approved and not withdrawn, there be no adverse information known to the Department, the position remain available, and the visa application be made within six months of the nomination approval.

The Tribunal considered the evidence, which indicated that Kadri Training Pty Ltd lodged a nomination application on 25 August 2015, with Mr. Shaikh as the nominee. This application was refused on 9 May 2017, and a subsequent review by the Tribunal on 20 November 2019 affirmed the refusal of the nomination. The Tribunal then notified Mr. Shaikh on 21 November 2019, under section 359A of the Migration Act, that it was considering affirming the decision under review based on the fact that the nomination had not been approved. Mr. Shaikh was invited to comment or respond by 5 December 2019, but failed to do so. The Tribunal was satisfied that the invitation was properly dispatched and that no response was received.

Consequently, the Tribunal concluded that the decision under review should be affirmed because the essential criterion of an approved nomination, as required by Clause 187.233, had not been met. The Tribunal found that the nomination had been refused and that the applicant had not provided any comments or responses to the invitation to do so.