BALJIT KAUR (Migration)

The Administrative Appeals Tribunal considered the case of Baljit Kaur concerning a Subclass 187 Regional Employer Nomination (Permanent) visa, Direct Entry stream. The applicant's visa had been refused, and the Tribunal was reviewing the decision. The central dispute revolved around whether the applicant was the subject of an approved nomination for a cook position in regional Australia, as required by clause 187.233 of the Migration Regulations.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria under clause 187.233, specifically whether the nominated position was still available to the applicant and if the nomination itself had been approved and remained valid. The Tribunal was required to assess if the nominated position was the one declared in the visa application, if the nominator was the intended employer, if the nomination had been approved and not withdrawn, and if there was any adverse information concerning the nominator or associated persons.

The Tribunal reasoned that while the applicant's visa was refused on 15 September 2017, a subsequent decision on 28 February 2020 by the Tribunal approved the nomination lodged by TCT RAJ & SONS PTY LTD. Given this subsequent approval, the Tribunal found that the applicant now met all the requirements of clause 187.233, including that the position was still available. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining visa criteria.