Kamaldeep 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, for the position of Retail Manager. The applicant, Kamaldeep Kaur, was nominated by Samreen Trading Services. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines specific criteria relating to the nominated position, the nominator, the approval of the nomination, the absence of adverse information, the availability of the position, and the timing of the visa application relative to the nomination approval. The second and third applicants sought to have their applications determined based on their status as members of the first applicant's family unit.

The Tribunal reasoned that the nominated position was the same as that in the nomination application, and the employer was the nominator. Crucially, the Tribunal noted that a previous refusal of the nomination had been set aside by the Tribunal on 22 November 2022, with a substituted decision to approve the nomination. The Tribunal was satisfied that there was no adverse information concerning the nominator or associated persons, that the nomination had not been withdrawn, that the position remained available, and that the visa application was made within six months of the nomination's approval. Consequently, the Tribunal found that the applicant met all the requirements of clause 187.233.

Given these findings, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the first applicant met clause 187.233, and the applications of the second and third applicants were remitted for reconsideration in accordance with this direction.