Kahlon (Migration)

The Administrative Appeals Tribunal considered the case of Master Pranvit Kahlon, who sought review of a decision to refuse him a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant's claim for the visa was based on being a member of the family unit of his father, Mr Simranjeet Singh Kahlon, who was the primary applicant. Both Mr Kahlon and the applicant's mother, Mrs Ramanpreet Kaur Gill, had applied for Subclass 187 visas, and the applicant's application was made in conjunction with Mrs Gill.

The central legal issue before the Tribunal was whether the applicant qualified as a member of a family unit of a person who held a Subclass 187 visa, as required by clause 187.311 of the Migration Regulations. This clause necessitates that the applicant be a family member of a person who has satisfied the primary criteria for a Subclass 187 visa. The Tribunal was specifically reviewing the delegate's decision of 27 March 2018, which refused the combined application made by the applicant and Mrs Gill.

The Tribunal's reasoning focused on the fact that the primary applicants, Mr Kahlon and Mrs Gill, did not hold a Subclass 187 visa. This was due to a prior "no jurisdiction" decision made by another member of the Tribunal on 16 April 2018, which meant the delegate's initial refusal decision for Mr Kahlon and Mrs Gill stood. Consequently, the applicant could not satisfy clause 187.311 because there was no evidence that the primary applicant (his father) had been granted a Subclass 187 visa. The Tribunal noted that the applicant had only sought to satisfy the criteria for the Temporary Residence Transition stream of the Subclass 187 visa, and these requirements had not been met.

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