Amandeep Kaur (Migration)

This matter concerned an application for review of a decision not to grant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant, Amandeep Kaur, sought review of the delegate's decision. The sponsoring business, Mundy Gosto WA Pty Ltd, had ceased trading, and the nominated position of Cook was no longer available.

The primary legal issue before the Tribunal was whether the nominated position would provide the applicant with the employment referred to in the nomination application, as required by clause 187.212 of the Migration Regulations. The Tribunal also considered the applicant's request for Ministerial Intervention under section 351 of the Migration Act 1958 (Cth), based on her long residence in Australia, her Australian citizen children, and her lack of support in India.

The Tribunal found that both the applicant and the director of the sponsoring business provided consistent evidence that the business had ceased trading. While the director indicated a willingness to recommence the business if the applicant was successful, the Tribunal concluded that the nominated position was not currently available and therefore clause 187.212 was not met. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa. However, the Tribunal noted the applicant's circumstances and indicated it would refer the matter to the Department for consideration by the Minister under section 351.