Dhatt (Migration)

The Administrative Appeals Tribunal considered an application for review by Mandeep Kaur Dhatt and Gurpreet Singh Khangura concerning a decision to refuse to grant them a Regional Employer Nomination (Permanent) visa (Subclass 187) under the Direct Entry stream. The core of the dispute revolved around whether the applicant, Ms. Dhatt, was the subject of an approved nomination as required by the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3) of Schedule 2 to the Migration Regulations 1994, which mandates that the applicant must be the subject of an approved nomination. This required the Tribunal to determine if the applicant had provided sufficient evidence of such an approved nomination.

The Tribunal noted that it had repeatedly requested the applicant to provide information demonstrating an approved nomination, granting an extension of time for this purpose. Despite these requests, the applicant failed to provide the necessary documentation. The Tribunal also considered adverse information regarding the withdrawal of a nomination review application by the sponsoring entity, Bath Lane Café Pty Ltd. Ultimately, the Tribunal found no information before it to suggest that the applicant was the subject of an approved nomination, a prerequisite for the visa.

Consequently, the Tribunal concluded that the requirements of clause 187.233(3) were not met. As the dependent applicant, Mr. Khangura, also sought to satisfy the criteria for the visa under the Direct Entry stream, and these requirements were not met, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.