Kaur (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream, made by Ms Harpreet Kaur. The applicant's sponsoring employer, I K International Pty Ltd, had applied for approval of a nomination for the position of Retail Manager (General). The Department refused this nomination, and subsequently refused Ms Kaur's visa application on the basis that the nomination was not approved. Both the employer and Ms Kaur sought review of these decisions by the Tribunal.

The primary legal issue before the Tribunal was whether the nomination made by I K International Pty Ltd had been approved, as this was a prerequisite for the grant of the Subclass 187 visa. The Tribunal was required to consider the evidence presented by the applicants, including written submissions and supporting documentation, and make findings of fact on disputed material matters.

The Tribunal reasoned that the employer's application for nomination approval was refused by the Department, and this decision was affirmed on review by the Administrative Appeals Tribunal (AAT). Consequently, the nomination had not been approved. The Tribunal noted that it had invited the applicant to comment on this information, which was considered a reason for affirming the decision under review, as a requirement for the visa grant is an approved nomination. As the nomination was not approved, the applicant did not satisfy a criterion for the visa.

The Tribunal affirmed the decision not to grant Ms Kaur's Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, direct entry stream, on the basis that the requirements for that visa stream had not been met, specifically the requirement for an approved nomination.