Kaur (Migration)

The Administrative Appeals Tribunal considered the applications of Mrs Pardeep Kaur, Mr Baljit Singh, and Master Arnab Singh Mahal for a Subclass 186 Employer Nomination (Permanent) visa, Temporary Residence Transition stream. The primary dispute concerned whether the applicant, Mrs Kaur, had satisfied the requirements for an approved nomination for the position of Facilities Manager, which was a prerequisite for the visa grant.

The central legal issue before the Tribunal was whether the nomination for the Facilities Manager position had been approved, as required by clause 186.223 of the Migration Regulations 1994. This clause mandates that the position must be the subject of an approved nomination application that identifies the visa applicant, and that the nomination must have been approved and not subsequently withdrawn. The Tribunal also considered the implications for the secondary applicants, Mr Singh and Master Mahal, who relied on Mrs Kaur meeting the primary criteria as a member of her family unit.

The Tribunal reasoned that the Department of Home Affairs had refused the nominator's application to have the position of Facilities Manager approved with Mrs Kaur as the nominee on 21 November 2017. This refusal was subsequently affirmed by the Tribunal on 27 August 2020. As the nomination had not been approved, and indeed had been refused and that refusal affirmed, the Tribunal concluded that clause 186.223(2) was not met. Consequently, the Tribunal found that Mrs Kaur did not satisfy the primary criteria for the visa.

The Tribunal affirmed the decisions under review. This meant that the visa applications of Mrs Pardeep Kaur, Mr Baljit Singh, and Master Arnab Singh Mahal were refused.