Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Kaur, an applicant for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa, subclass 494. The applicant's prospective sponsoring employer was identified as 'All About You Home Care Pty Ltd'. The core dispute revolved around whether the applicant met the eligibility criteria for the visa.

The Tribunal was required to determine if the applicant satisfied the requirements of clause 494.213 of the Migration Regulations. Specifically, the central issue was the absence of an approved nomination for the applicant by their sponsoring employer, which had been previously communicated to the applicant by the Department.

The Tribunal reasoned that the applicant had failed to provide any response or further submissions to the Tribunal's request for information regarding the lack of an approved nomination, despite being given a deadline. Consequently, the Tribunal concluded that the applicant could not meet the requirements of clause 494.213 due to the absence of an approved nominated employment position. This rendered the applicant ineligible for the visa. The Tribunal affirmed the decision under review.