ZUBAIR (Migration)

This matter concerned an application for a Temporary Work (Long Stay Activity) (Class GB) visa, Subclass 401, specifically the Religious Worker stream. The applicant sought review of a decision not to grant this visa. The core of the dispute revolved around the applicant's eligibility for the visa, particularly in light of a refused nomination application and the subsequent repeal of the visa subclass.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 401 visa at the time of application, specifically whether the applicant was the subject of an approved nomination by a person who was, at that time, approved as a long stay activity sponsor. This involved considering the requirements of Clause 401.212 of the Regulations, which stipulated that the nomination must have been approved and not ceased, and made by an approved sponsor. The Tribunal also had to consider the impact of the visa subclass being repealed and closed to new applications.

The Tribunal reasoned that the applicant's eligibility was contingent on being the subject of an approved nomination at the time of application. Evidence showed that the nomination application by Al Jannah Dawah Centre was refused on 13 December 2016. Furthermore, the Subclass 401 visa itself was repealed and closed to new applications on 19 November 2016, prior to the applicant's visa application on 20 July 2016. Consequently, the Tribunal concluded that the applicant could not satisfy the time-of-application criteria because the nomination was refused and the visa subclass was no longer open to new applications.

The Tribunal affirmed the decision not to grant the applicant the visa, finding that the requirements for the Religious Worker stream of the Subclass 401 visa had not been met.