Brar (Migration)

The Administrative Appeals Tribunal considered a Regional Employer Nomination (Permanent) (Class RN) visa application, subclass 187 (Regional Sponsored Migration Scheme), made by Balraj Singh Brar. The dispute concerned whether the primary applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, which pertains to the approval of a nomination for the Direct Entry stream. The Tribunal also had to determine its jurisdiction concerning secondary applicants, Amandeep Kaur Sandhu and Jasnoor Singh Brar.

The primary legal issue before the Tribunal was whether the nomination by Murphy Vineyards Pty Ltd for the position of nursery person in favour of Mr. Brar had been approved and met all the stipulated conditions under clause 187.233(3). This included requirements that the employer be the nominator, the nomination be approved and not withdrawn, there be no adverse information known to the Department, the position remain available, and the visa application be made within six months of the nomination approval. A further issue was the Tribunal's jurisdiction over the third applicant, Jasnoor Singh Brar, who was not in the migration zone at the time the review application was lodged.

The Tribunal found that the primary applicant, Mr. Brar, met the requirements of clause 187.233(3), as the nomination by Murphy Vineyards Pty Ltd had been approved on 3 May 2018, and all other conditions under that clause appeared to be satisfied. However, the Tribunal determined it had no jurisdiction in respect of the third applicant, Jasnoor Singh Brar, as he had departed Australia and was not in the migration zone when the review application was made. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the primary applicant met the criterion under clause 187.233(3).