Kaur (Migration)

The Administrative Appeals Tribunal, with Member Mary Sheargold presiding, considered the case of Ms. Kaur and other applicants seeking Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition stream. The primary dispute concerned whether the nominated position of Café or Restaurant Manager, sponsored by Recording Angels Pty Ltd, was the subject of an approved nomination as required for the visa grant.

The central legal issue before the Tribunal was to determine if the applicants met the criteria under clause 187.223 of the Migration Regulations 1994, specifically whether there was an approved nomination for the position. This involved assessing whether the nomination had been approved, had not been withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position was located in regional Australia, remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that a prerequisite for granting the Subclass 187 visa is an approved nomination. In this instance, the application for approval of the nominated position had been refused by a delegate of the Minister, and subsequent appeals to the Tribunal were found to be outside its jurisdiction. Despite being notified of this adverse information and invited to comment, the applicant indicated an intention to present her case at a hearing. At the hearing, the applicant acknowledged that the nomination application was not approved and expressed confusion as to why her sponsor had changed their stance. Consequently, the Tribunal affirmed the decision not to grant the visas, as the requirement for an approved nomination was not met. The Tribunal also affirmed the refusal for secondary applicants as they did not meet the criteria for family unit members or primary applicants.