KAUR (Migration)

This decision concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, and a second applicant seeking to be included as a member of the family unit. The primary dispute revolved around whether the applicants had met the criteria for the visa, specifically concerning the employer's nomination. The matter was heard by a member of the Tribunal.

The legal issue before the Tribunal was whether the applicants had satisfied clause 187.233 of the Migration Regulations, which requires an approved and unwithdrawn nomination for a position located in regional Australia. This clause further stipulates that the nominator must be the prospective employer, the nomination must have been approved, and the visa application must be made within six months of the nomination's approval, among other conditions. The Tribunal also had to consider whether the second applicant qualified as a member of the family unit of the primary applicant.

The Tribunal reasoned that the primary applicant's employer's nomination application was refused on 5 December 2019. Consequently, the requirement under clause 187.233 that the nomination be approved and not subsequently withdrawn was not met. As the applicants had only sought to satisfy the criteria for the Direct Entry stream of the subclass 187 visa and had failed to meet this essential criterion, the Tribunal found that the decision under review should be affirmed. Furthermore, as the primary applicant did not meet the criteria for the visa, the second applicant, who applied as a member of the family unit, could not satisfy the requirements for inclusion.

The Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.