Tahsin (Migration)

The Administrative Appeals Tribunal considered the case of Mr Tahsin, who sought review of a decision to refuse his Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Temporary Residence Transition stream). The dispute centred on whether the employer's nomination for Mr Tahsin's visa had been approved, a prerequisite for the visa grant.

The primary legal issue before the Tribunal was whether Mr Tahsin met the requirements of clause 186.223 of the Migration Regulations, specifically concerning the approval of the employer's nomination. This clause requires that the nominated position be the subject of an approved nomination that identifies the visa applicant.

The Tribunal reasoned that departmental records indicated the employer's nomination was refused on 15 December 2017, and the applicant did not respond to a subsequent natural justice letter regarding this refusal. Although the nominator had lodged a review of the nomination refusal, this review was withdrawn. The applicant then requested to continue his review application to seek Ministerial intervention, acknowledging that the Tribunal had no discretion and must apply the legislative provisions. The Tribunal noted that the applicant's evidence regarding his employment history and circumstances did not alter the fact that the nomination itself had not been approved.

Consequently, the Tribunal affirmed the decision not to grant Mr Tahsin's visa, noting that this decision would allow him to make a request for Ministerial intervention under section 351 of the Migration Act if he wished.