Kaur (Migration)

This matter concerned an appeal by the applicants against the refusal of their Regional Employer Nomination (Permanent) (Class RN) visas, specifically under Subclass 187 (Regional Sponsored Migration Scheme) in the Direct Entry stream for the occupation of Café or Restaurant Manager. The decision was made by Member Susan Trotter of the Tribunal.

The central legal issue before the Tribunal was whether the first-named applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, which pertains to the nomination of a position for the Subclass 187 visa. This clause requires, among other things, that the position be the subject of an approved nomination, that the nominator be the prospective employer, that there be no adverse information concerning the nominator, that the position remain available, and that the visa application be made within six months of the nomination approval.

The Tribunal's reasoning focused on the status of the employer nomination application lodged by @ Thai Place Pty Ltd. The evidence established that this nomination application was refused on 5 January 2017, and the Tribunal had affirmed that refusal on 29 July 2019. Consequently, the Tribunal found that there was no approved nomination in relation to the first-named applicant's visa application. As this fundamental criterion of cl.187.233(3) was not met, the Tribunal was not satisfied that the first-named applicant met the requirements for the visa. The Tribunal also affirmed the refusal for the second and third-named applicants, as they did not meet the secondary criteria for family members of a Subclass 187 visa holder and had not met the primary criteria in their own right. The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas.