Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Mrs Kaur, with her partner and daughter as secondary applicants. The Tribunal was required to determine whether the decision to refuse the visa should be affirmed.

The central legal issue before the Tribunal was whether there was an approved nomination in respect of the primary applicant, Mrs Kaur, for the position of Primary Products Inspector nec. This required consideration of clause 187.233 of Schedule 2 to the Migration Regulations 1994, which mandates, among other things, that the nomination must have been approved and not subsequently withdrawn.

The Tribunal reasoned that the employer's nomination application was initially refused by the Department and, although a review was sought, this review application was subsequently withdrawn by the employer and finalised as withdrawn by the Tribunal. Consequently, there was no approved nomination in place for Mrs Kaur. As the applicants failed to provide a response to the Tribunal's request for comment on this information, and given that the nomination application had not been approved, Mrs Kaur did not meet the criteria under cl.187.233(3) of Schedule 2 to the Regulations. As Mrs Kaur failed to satisfy the primary criteria for the visa, her partner and daughter could not satisfy the secondary criteria. The Tribunal therefore affirmed the decision not to grant the visas.