Kaur (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the position of Hotel or Motel Manager. The primary dispute revolved around whether the applicant met the necessary criteria for the visa grant, particularly concerning the nomination of the position.

The Tribunal was required to determine if the applicant satisfied the criteria outlined in clause 187.233 of the Migration Regulations. This involved assessing whether the nominated position was approved, whether the applicant was identified in the nomination (if made after 1 July 2017), if the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that the applicant had failed to provide evidence that the nomination had been approved, thus not meeting the requirements of clause 187.233(3). Furthermore, the Tribunal noted the absence of evidence that the position was still available to the applicant, as the applicant was not working for the sponsor, failing to meet clause 187.233(5). Consequently, the Tribunal concluded that the applicant had not met the essential criteria for the Subclass 187 visa in the Direct Entry stream. As the primary applicant failed to meet the criteria, the secondary applicants, who had made no independent claims, also failed to meet their criteria as they could not be considered family members of a visa holder. The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.