Kamaljit Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Kamaljit Kaur and a second applicant as a member of the family unit. The primary dispute before the Tribunal was whether the nomination associated with the applicant's visa application had been approved, as required by the relevant migration regulations.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 187 visa, specifically clause 187.233 of Schedule 2 to the Regulations, which mandates that the nomination for the position must have been approved and not subsequently withdrawn. The Tribunal also needed to consider whether the secondary applicant, as a family member, met the visa requirements, contingent on the primary applicant satisfying the criteria.

The Tribunal reasoned that the nomination for the position of Cook by SHRIYAA Pty Ltd was refused by the Department on 13 March 2019. Although SHRIYAA Pty Ltd had applied for a review of this decision, they subsequently withdrew their review application on 11 April 2022. Consequently, the Department's original decision to refuse the nomination stood, meaning the nomination had not been approved. As this essential criterion was not met, the Tribunal found that the applicant did not satisfy clause 187.233 in its entirety. The Tribunal further noted that as the primary applicant failed to meet the primary criteria, the second applicant, who applied as a family unit member, also did not meet the secondary criteria, as there was no evidence they would satisfy the primary criteria independently.

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