SHAMSUZZAMAN (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Temporary Residence Transition stream. The applicant, Mrs Nowsin Hafiz, sought the visa as a member of the family unit of Mr Shamsuzzaman. The Administrative Appeals Tribunal (AAT) had previously refused the nomination application, but the decision under review was remitted by the AAT for reconsideration.

The legal issue before the court was whether the AAT had erred in its decision regarding the applicant's eligibility for the Subclass 187 visa. Specifically, the court needed to determine if the applicant met the criteria outlined in clause 187.223(2) of Schedule 2 to the Migration Regulations 1994, which pertains to the approval of the nomination.

The court, constituted by Katie Malyon, found that the applicant did meet the criteria for the visa. The Tribunal remitted the applications for reconsideration with a direction that the first named applicant, Mr Shamsuzzaman, meets the criteria for a Subclass 187 visa under clause 187.223(2) of Schedule 2 to the Regulations. This clause requires that the nominated position is located in regional Australia, is still available to the applicant, and that the visa application is made no more than six months after the Minister approved the nomination, among other conditions related to the nominated position and the applicant's visa status.

The outcome of the decision was that the applications for Regional Employer Nomination (Permanent) (Class RN) visas were remitted to the Department for reconsideration, with the specific direction that the first named applicant meets the criteria under clause 187.223(2) of Schedule 2 to the Regulations. Consequently, Mrs Nowsin Hafiz's application, being dependent on Mr Shamsuzzaman's, would be determined by reference to this reconsideration.