Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought review of a decision to refuse their visa application. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant's nominator had an approved nomination, as required by clause 187.233 of the Migration Regulations 1994. The Tribunal also considered whether the applicant met the criteria for the Temporary Residence Transition Stream and the Agreement Stream, and whether they qualified as a member of the family unit.

The Tribunal affirmed the decision to refuse the visa. It found that the nomination application lodged by the applicant's nominator was refused on 17 May 2018. As clause 187.233(3) requires the nomination to be approved, and this had not occurred, the applicant did not meet this essential criterion for the Direct Entry stream. Furthermore, the Tribunal noted that the applicant had not met the requirements for the Temporary Residence Transition Stream or the Agreement Stream, nor had they qualified as a member of the family unit, as no primary applicant met the visa criteria. Consequently, the Tribunal affirmed the decision not to grant the visa.