Jatinder Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream, made by Jatinder Kaur. The dispute centred on whether the nominated position was approved and met the relevant criteria. The decision was made by Terrence Baxter, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that the nomination has not been withdrawn, that there is no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the nominator had initially applied to have a position of Cook approved with the applicant as the nominee. This nomination application was refused by the Department of Home Affairs, but this decision was subsequently set aside on review by the Tribunal. The Tribunal then substituted a decision to approve the nomination. Consequently, the Tribunal found that clause 187.233(3) was met. The Tribunal also noted that the other named applicants had applied as members of the first applicant's family unit.

The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first applicant met the criterion under clause 187.233(3). The applications of the family members were also to be determined on remittal in light of this finding.