Gurpreet Kaur (Migration)

This matter concerns the review of a decision to refuse a Subclass 186 Employer Nomination (Permanent) (Class EN) visa, specifically under the temporary residence transition stream. The applicant, Gurpreet Kaur, was the proposed nominee for a position as a cook. The primary dispute revolved around whether the nomination for this position had been approved, as required by the relevant migration regulations.

The Tribunal was required to determine if the applicant met the criteria for the visa, particularly clause 186.223, which mandates that the position be the subject of an approved nomination that has not been withdrawn, and that certain conditions regarding adverse information and the availability of the position are met. A key issue was whether the nomination application, initially lodged by Scherhazade Restaurants Pty Ltd, had been approved and remained valid.

The Tribunal's reasoning focused on the status of the nomination application. Records indicated that the nomination application was refused on 19 July 2019, and subsequent review by the Tribunal on 7 February 2023 also affirmed this refusal. The Tribunal provided the applicant with an opportunity to comment on this information, which was considered a reason for affirming the decision under review. The Tribunal noted that if the nomination was not approved, the applicant would not meet clause 186.223(2), and consequently, the secondary criterion 186.311 (requiring applicants to be members of the family unit of the primary visa holder) might also not be met for the other family members.

The Tribunal concluded that the decision under review should be affirmed. This outcome was based on the finding that the nomination application had not been approved, and the applicant had not provided sufficient comments or responses to persuade the Tribunal otherwise.