Gagandeep Kaur (Migration)

This matter concerned an application for review of the Department’s decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream. The applicant, Gagandeep Kaur, had previously held a Subclass 457 (Temporary Work (Skilled)) visa, which was cancelled by the Department. The Administrative Appeals Tribunal (AAT) affirmed the Department's decision to cancel the Subclass 457 visa. Subsequently, the Department refused the Subclass 187 visa application, leading to the current review by the AAT. The applicant and her family departed Australia after the AAT hearing.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for a Subclass 187 visa, specifically concerning the nomination of a position. This involved assessing whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator, whether the position was located in regional Australia, and whether the position remained available to the applicant. A further consideration was the applicant's visa status, given the prior cancellation of her Subclass 457 visa.

The Tribunal reasoned that the applicant did not meet the primary criteria for the Subclass 187 visa. This was based on the fact that her Subclass 457 visa had been cancelled, and the evidence indicated she did not have a sponsor. Consequently, the Tribunal found that the secondary applicants also failed to satisfy the relevant criteria. The Tribunal affirmed the Department's decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas.