Harjeet Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Harjeet Kaur concerning her application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The core of the dispute revolved around whether the applicant met the mandatory requirement of being the subject of an approved nomination for a position.

The Tribunal was required to determine if the applicant satisfied the criteria under cl.187.233 of the Migration Regulations, specifically whether the nominated position had been approved and had not been subsequently withdrawn. This involved examining the status of the nomination lodged by Savana Group Pty Ltd, which was central to the applicant's visa application.

The Tribunal's reasoning focused on the fact that the nomination lodged by Savana Group Pty Ltd was refused by the delegate on 14 March 2016. Subsequently, the Tribunal affirmed this refusal on 5 July 2018. As the nomination had not been approved, the Tribunal found that the applicant did not meet cl.187.233(3), a prerequisite for the visa. Despite being invited to comment on this adverse information, the applicant did not respond. Consequently, the Tribunal concluded that the applicant had failed to satisfy the essential criteria for the Subclass 187 visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.