Gurinder Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Café and Restaurant Manager. The applicant, Gurinder Kaur, sought to have a decision affirmed that her nomination had not been approved.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the approval of the nomination for the position. This clause outlines several conditions, including that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination's approval.

The Tribunal affirmed the decision not to grant the visa because the applicant had not met the criteria for the Subclass 187 visa in the Direct Entry stream. The Tribunal noted that a previous decision had already affirmed the delegate's decision not to approve the nomination. While the applicant provided personal circumstances and information regarding her separation from her husband, who was an officeholder and shareholder of the company that made the nomination, this did not alter the fact that the nomination itself had not been approved. The Tribunal also observed that while the applicant stated her husband and his new partner were running the restaurant, and that she and a second named applicant were no longer connected, no formal withdrawal had been received from the relevant parties.

Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.