Kaur (Migration)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of decisions made by the Department of Immigration concerning a Subclass 187 (Regional Sponsored Migration Scheme) visa application. The applicant, Ms Satvir Kaur, was the nominee for the position of Retail Manager (General), and the sponsoring employer was Disha Matharu A/T for the ND2 Family Trust. The Department had refused both the employer's nomination application and Ms Kaur's visa application, leading to the review by the AAT.

The primary legal issue before the Tribunal was whether the nominated position for which Ms Kaur applied was the subject of an approved nomination, as required for the grant of a Subclass 187 visa under the Direct Entry stream. The Tribunal also considered whether the applicant had met the other criteria for this visa stream.

The Tribunal reasoned that a fundamental requirement for the grant of a Subclass 187 visa is that the nominated position must have an approved nomination. In this case, the employer's application for approval of the nomination had been refused by the Department, and this decision was subsequently affirmed by the AAT on 28 February 2020. Consequently, the nomination was not 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 the requirement for an approved nomination had not been met, the Tribunal concluded that the applicant did not satisfy the criteria for the visa.

The Tribunal affirmed the decision not to grant Ms Kaur's Regional Employer Nomination (Permanent) (Class RN) visa.