Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cook. The applicant sought to have the decision not to grant the visa affirmed.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the Subclass 187 visa, specifically concerning the nomination of the position. This involved determining whether the nominated position was the subject of an approved nomination, whether the nominator was the intended employer, and whether the nomination had been approved and not subsequently withdrawn.

The Tribunal reasoned that a key requirement for the visa, under clause 187.233, is that the nominated position must have an approved nomination. The Tribunal noted that the application for approval of the nominated position made by the nominator, Bulca Family Trust & Nakhwa Family Trust, had been refused by a delegate of the Minister and this decision was subsequently affirmed by the Administrative Appeals Tribunal (AAT) in a related matter. Consequently, the nominator's application for the nominated position had not been approved. The Tribunal also noted that it had invited the applicant to comment on this adverse information, which indicated that the position specified in the visa application was not the subject of an approved nomination, meaning the applicant did not satisfy a requirement for the grant of the visa.

As the requirements for the Direct Entry stream of the Subclass 187 visa had not been met due to the lack of an approved nomination, the Tribunal affirmed the decision not to grant the visa to the applicant and any family members included in the application.