GILL (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant was Ms Arpanpreet Kaur GILL, with secondary applicants Mr Baljinder Singh GILL, Mrs Ravanjeet Kaur GILL, and Master Avnoor Singh GILL. The nominator had lodged an application for review after the initial refusal of the employer nomination.

The primary legal issue before the Tribunal was whether the applicant, Ms GILL, met the requirements of clause 187.233(3) of the Migration Regulations 1994, which mandates that the Minister must have approved the nomination for the position. This clause, read in conjunction with other provisions such as r.5.19(4), requires that the nominated position be located in regional Australia, be the subject of an approved nomination that has not been withdrawn, and that certain conditions regarding the nominator and the timing of the visa application relative to the nomination approval are met.

The Tribunal affirmed the decision to refuse the nomination, finding that the nominator had failed to satisfy r.5.19(4) of the Regulations. Despite an invitation to comment or respond to information that the employer nomination review had been affirmed, no response was received from the secondary applicants. Consequently, the Tribunal concluded that there was no approved employer nomination to satisfy cl.187.233(3).

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants, finding that the secondary applicants did not meet cl.187.311.