Uddin (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Mohammad Ghias Uddin, who sought review of a decision to refuse his Subclass 187 Regional Sponsored Migration Scheme visa application under the Direct Entry stream. The dispute centred on whether the employer nomination for the position of Customer Service Manager had been approved, a prerequisite for the visa grant.

The primary legal issue before the Tribunal was to determine whether the applicant's sponsoring employer, Jacmah Enterprises Pty Ltd, had an approved nomination for the Customer Service Manager position. This determination was crucial because clause 187.233 of Schedule 2 to the Migration Regulations 1994 requires that the position specified in the visa application be the subject of an approved nomination.

The Tribunal reasoned that the employer's application for approval of the nomination was initially refused by the Department of Immigration. Although the employer sought a review of this decision, the AAT itself had previously affirmed the decision to refuse the nomination on 18 May 2020. Consequently, there was no valid or approved employer nomination in place. The Tribunal also noted that it had invited the applicant to comment on this information, highlighting that the lack of an approved nomination meant the applicant did not satisfy a key requirement for the visa grant.

As the employer nomination had not been approved, and this requirement was fundamental to the Subclass 187 visa application under the Direct Entry stream, the Tribunal concluded that the applicant had not met the necessary criteria. Accordingly, the Tribunal affirmed the decision not to grant the visa.