Kaur (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal concerning the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187. The applicant sought to have the decision to refuse her visa affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the position nominated by S&S Hospitality Group Pty Ltd was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations. This clause mandates that the nominated position must have an approved nomination, that the nominator must be the prospective employer, and that the nomination must not have been withdrawn. Further requirements include the absence of adverse information concerning the nominator or associated persons, the continued availability of the position, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that the application for approval of the nominated position by S&S Hospitality Group Pty Ltd had been refused by a delegate of the Minister, and this decision had been affirmed by the Tribunal on review. Consequently, there was no approved nomination in place. While the applicant presented personal circumstances, including her length of time in Australia and her lack of control over the employer's business closure, the Tribunal found it had no discretion to consider these factors. The Tribunal's role was limited to determining whether the regulatory requirement of an approved nomination was met, which it was not.

Accordingly, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas, as the essential criterion of an approved nomination was not satisfied. The secondary applicant's application was also affirmed as it was dependent on the main applicant's.