Amanpreet Kaur (Migration)

This matter concerned an appeal by Amanpreet Kaur against a decision to refuse her Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The primary dispute revolved around whether the applicant was the subject of an approved nomination for the position of Dressmaker or Tailor, as required by the visa subclass. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position, and whether she satisfied Public Interest Criterion 4020 due to the submission of a bogus document. The Tribunal also considered whether the applicant had been afforded procedural fairness in relation to the adverse information concerning the nomination.

The Tribunal reasoned that the applicant's visa was refused because she did not satisfy clause 187.213, which relates to Public Interest Criterion 4020, and that a further issue had arisen regarding the nomination. The nomination application had been refused on 25 September 2017, and no application for review of that refusal had been lodged. The Tribunal provided the applicant with written notice of this adverse information and an opportunity to respond, which she did orally at the hearing. Despite the applicant's explanation regarding a mistake in submitting documents for the character requirement, the Tribunal found that the fundamental requirement of an approved nomination for the Direct Entry stream had not been met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the essential criteria for the Subclass 187 visa in the Direct Entry stream had not been satisfied.