Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought review of a decision to refuse the visa. The primary issue revolved around the sponsoring employer's nomination, which had been refused by the delegate and subsequently withdrawn by the employer during the review process.

The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to consider whether the applicant was the subject of an approved nomination, whether the nominating employer was the prospective employer, and whether the nomination had been approved and not subsequently withdrawn. The Tribunal also considered the applicant's request for an adjournment to find a new sponsoring employer.

The Tribunal reasoned that the applicant could not satisfy clause 187.233 because the nomination lodged by Dynamic Education Group Pty Ltd t/a Keystone College of Business and Technology was refused and later withdrawn. As a result, there was no approved nomination in place, a mandatory requirement for the visa. The Tribunal noted that a new nomination from a different employer would not satisfy the requirements for the current application. The Tribunal affirmed the delegate's decision, finding that the applicant had not met the essential criteria for the visa.