Kaur (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning a Skilled Nominated (Permanent) visa (Subclass 190). The primary applicant, Ms Kaur, had provided information regarding her work experience, which was subsequently questioned. The dispute centred on whether Ms Kaur had provided false or misleading information in her visa application, particularly concerning her employment history.

The Tribunal was required to determine if Ms Kaur had provided false or misleading information in relation to her visa application, specifically concerning her claimed work experience. This involved assessing the veracity of documents and evidence presented, including payslips, bank statements, and statutory declarations from her former employer. The Tribunal also considered whether discrepancies in salary and superannuation payments, or the operational status of a business name versus its Australian Business Number (ABN), impacted the fact of employment.

The Tribunal found that while the applicant's former employer's business name was cancelled, the ABN remained operational during the claimed period of employment. The Tribunal also noted that discrepancies in salary and superannuation payments, and the fact that penalty rates were not paid, were not relevant to the core question of whether employment had occurred. Crucially, the Tribunal accepted written and oral evidence from the former employer, Mr Bhatnagar, confirming Ms Kaur's employment. However, the Tribunal also noted that a second job had not been declared by the applicant.

Ultimately, the Tribunal remitted the applications for Skilled Nominated (Permanent) visas for reconsideration by the Department. The Tribunal directed that the first applicant, Ms Kaur, met the public interest criterion 4020 for the purposes of clause 190.216 of Schedule 2 to the Migration Regulations 1994. The application of the second applicant, who applied as a member of the primary applicant's family unit, was to be determined by reference to the outcome of Ms Kaur's reconsidered application.