Aulakh (Migration)

The Administrative Appeals Tribunal considered the case of Aulakh (Migration), involving an applicant seeking a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream for a Cook position. The core dispute revolved around whether the nominated position met the relevant legislative criteria, specifically concerning an approved nomination.

The Tribunal was required to determine if the position to which the visa application related was the subject of an approved nomination, as stipulated by clause 187.233 of the Migration Regulations. This clause mandates, among other things, that the nomination must have been approved by the Minister, not subsequently withdrawn, and that the visa application must be made within six months of the nomination's approval. The Tribunal also had to consider whether the applicant and secondary applicants met the associated criteria for the visa.

The Tribunal's reasoning focused on the status of the nomination lodged by Curry Quest Pty Ltd. It noted that this nomination was refused by a delegate of the Minister on 2 March 2018. Despite an application for review by Curry Quest Pty Ltd, the Tribunal affirmed the refusal of the employer nomination on 16 September 2020. Consequently, as the nomination had been refused and not approved, the Tribunal concluded that clause 187.233 was not satisfied. As the primary applicant failed to meet this essential criterion for the Direct Entry stream, the Tribunal found that the secondary applicants also failed to meet their corresponding criteria.

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