Kaur (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, for the position of Hairdresser. The applicants sought review of a decision to refuse their visa applications.

The primary legal issue before the Tribunal was whether there was an approved nomination for the position of Hairdresser, as required by clause 187.233 of the Migration Regulations. This clause mandates that the position must be the subject of an approved nomination in regional Australia, and that the nominator must be the prospective employer who has not had their nomination withdrawn and has no adverse information known to Immigration, or where such information is reasonable to disregard. Furthermore, the position must remain available to the applicant, and the visa application must be made within six months of the nomination's approval.

The Tribunal considered the applicant's evidence regarding two previous unsuccessful nominations due to the closure of the nominators' businesses. The current nominator had sponsored the applicant for two years before the visa application was lodged. However, the Tribunal noted that the current nominator had refused to appeal the refusal of the nomination. The Tribunal concluded that it lacked discretion regarding the requirement for an approved nomination. As the primary applicant did not meet the criteria for the Subclass 187 visa due to the absence of an approved nomination, the applications of her family members, who relied on her eligibility, were also refused.

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