Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, who sought review of a decision not to grant her a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The dispute centred on whether the position nominated for Ms Kaur remained the subject of an approved nomination, as required by the visa criteria.

The primary legal issue before the Tribunal was whether Ms Kaur satisfied clause 187.233 of the Migration Regulations 1994, which mandates that the position to which the visa application relates must be the subject of an approved nomination that has not been withdrawn. This clause, as applicable, also requires the nomination to identify the applicant, be made by the prospective employer, and not be subject to adverse information known to the Department of Home Affairs, among other conditions.

The Tribunal reasoned that the nomination lodged by Geo Group Pty Ltd, the nominating employer, had been refused by a delegate of the Minister for Home Affairs on 24 July 2019. Ms Kaur acknowledged this refusal and stated that she no longer had an approved nomination. She requested further time to secure a new nomination, but the Tribunal determined that granting additional time would be futile, as a new nomination could not satisfy the requirement that it be the nomination in relation to which the visa application declaration was made. Consequently, the Tribunal found that clause 187.233 was not met.

The Tribunal affirmed the decision not to grant Ms Kaur the visa, as she had only sought to satisfy the criteria for the direct entry stream of the Subclass 187 visa and had failed to meet the essential requirements for that stream.