Amandeep (Migration)

This matter concerned an appeal by Amandeep (the applicant) against a decision of the Department of Home Affairs not to grant a Regional Employer Nomination (Permanent) (Class RN) visa. The applicant sought to have the decision reviewed by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 187 Regional Sponsored Migration Scheme visa, specifically clause 187.233, which requires an approved nomination for the nominated position that has not been subsequently withdrawn. The Tribunal also considered the implications for secondary applicants, who would only be eligible if the primary applicant met the criteria.

The Tribunal considered evidence that the applicant had worked for Wattlebird (Qld) Pty Ltd for six months without being paid, as per an arrangement with the company's director. The applicant resigned due to financial hardship, and subsequently, Wattlebird withdrew its nomination application. The Tribunal found that because the nomination had been withdrawn, the applicant could not satisfy clause 187.233. Consequently, the secondary applicants also failed to meet their criteria under clause 187.311(a).

The Tribunal affirmed the decision not to grant the applicant and secondary applicants the Regional Employer Nomination (Permanent) (Class RN) visas.