Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision of the Department of Home Affairs, which affirmed a refusal to grant the visa, reviewed by the Tribunal. The core of the dispute revolved around whether the position for which the visa was sought was the subject of an approved nomination.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the Subclass 187 visa, specifically the requirement that the position be the subject of an approved nomination. This involved assessing whether the nomination met the conditions stipulated in clause 187.233 of the Migration Regulations, including that the nomination was approved, not withdrawn, and that the position remained available to the applicant. The Tribunal also considered whether the visa application was made within the prescribed timeframe after the nomination's approval.

The Tribunal reasoned that a key criterion for the visa, as set out in clause 187.233(1), required the position to be the subject of an *approved* nomination. The evidence presented indicated that the nomination lodged by The Trustee for Narwal Family Trust was refused on 2 March 2018, and a subsequent application for review of this refusal by the Tribunal was also affirmed on 30 September 2019. The applicant confirmed her understanding of these facts and acknowledged that there was no evidence of an approved nomination. Consequently, the Tribunal concluded that the applicant had failed to satisfy the essential criteria for the visa in the Direct Entry stream.

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