Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, an applicant for a Subclass 187 Regional Sponsored Migration Scheme visa under the direct entry stream. The dispute concerned whether Ms Kaur had an approved nomination for a position in regional Australia, which is a prerequisite for this visa subclass. The Tribunal was tasked with determining if the applicant met the criteria for an approved nomination as required by clause 187.233 of Schedule 2 to the Migration Regulations.

The Tribunal's reasoning focused on the status of the nomination lodged by Jimmy and Sons Pty Ltd for the position of Hairdresser. The evidence before the Tribunal indicated that the nomination application was initially refused, and a subsequent review application was lodged by the nominator. However, the nominator later withdrew their review application, and this withdrawal was accepted by the Tribunal. The Tribunal noted that a letter had been sent to the applicant outlining that the withdrawal of the nomination review meant there was no longer an approved nomination for the position, which would likely lead to the affirmation of the decision under review.

Applying clause 187.233, the Tribunal found that the applicant did not meet the requirement of having an approved nomination. This was because the nominator had withdrawn their review application, and the Tribunal had confirmed this withdrawal through departmental records. Consequently, the Tribunal was satisfied that the applicant was not the subject of the relevant approved nomination, and therefore did not satisfy subclause 187.233(2). The Tribunal affirmed the decision not to grant Ms Kaur the visa.