Kaur (Migration)

This matter concerned a review application before the Administrative Appeals Tribunal concerning the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for the position of Office Manager. The applicant's visa was refused because the nomination application lodged by Rizq Pty Ltd was refused, and subsequently withdrawn.

The primary legal issue before the Tribunal was whether the applicant met subclause 187.233 of the Migration Regulations 1994, specifically whether the Minister had approved the nomination as required by subclause 187.233(3). This required the Tribunal to consider the status of the nomination application lodged by Rizq Pty Ltd.

The Tribunal reasoned that subclause 187.233(1)(b) requires a nomination in relation to which a declaration was made in the visa application, and subclause 187.233(3) mandates that the Minister has approved the nomination. The delegate's decision noted that the nomination application by Rizq Pty Ltd was refused on 2 August 2018. Although Rizq Pty Ltd subsequently applied for a review of this decision, that review application was withdrawn on 10 October 2019. The Tribunal provided the applicant with notice of this adverse information regarding the withdrawn nomination, reminding her that she could not meet the visa criteria without an approved nomination.

The Tribunal affirmed the decision not to grant the applicant her visa, and consequently, the decision not to grant the secondary applicant's visa was also affirmed as he did not meet the relevant criteria.