Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Ms Kaur. The applicant sought to have a decision affirmed that refused her visa application. The core of the dispute revolved around whether the position to which her application related was the subject of an approved nomination.

The Tribunal was required to determine if the applicant had satisfied the criteria for the Subclass 187 visa, specifically clause 187.233, which mandates that the position must be the subject of an approved nomination. This includes requirements that the nomination was made by the prospective employer, has been approved and not withdrawn, and that there is no adverse information known to Immigration concerning the nominator or associated persons, or that such information can be disregarded. The Tribunal also had to consider whether the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the status of the employer's nomination application. It was established that the nomination lodged by Garber Food Pty Ltd was refused on 28 October 2019, and this decision was affirmed by the Tribunal on 13 June 2023. Consequently, the nomination remained refused. The applicant acknowledged understanding these requirements and confirmed her agreement with the Tribunal's outline of the refused nomination. While the applicant presented personal circumstances, including the birth of two children, difficulties during COVID-19 restrictions, and a lack of overseas support, these did not alter the fundamental requirement of an approved nomination.

As the essential criterion requiring an approved nomination had not been met, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.