Syed (Migration)

This matter concerned an appeal by Mr. Syed against a decision by the Administrative Appeals Tribunal (AAT) regarding his application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, specifically under the Direct Entry Stream. The core of the dispute revolved around whether the employer's nomination for Mr. Syed's position had been validly approved and met the relevant legislative criteria.

The AAT was required to determine whether the applicant had an approved nominating sponsor and a position in which he was to be engaged. This involved assessing whether the nominated position was located in regional Australia, whether it was the subject of an approved nomination application, and whether the nomination identified the applicant. Further considerations included whether the employer who made the nomination was the prospective employer, if the nomination had been approved and not withdrawn, if there was any adverse information known to the Department of Immigration, and if the position remained available to the applicant within the prescribed timeframe after nomination approval.

The Tribunal found that the employer, King of Kebabs AFT The Akbar Family Trust, had made a valid nomination in respect of Mr. Syed's position, which was approved by the Tribunal on 22 November 2019. This approval satisfied clause 187.233(3) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the visa, directing that Mr. Syed met the criteria under cl.187.233 of Schedule 2.