Kaur (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the refusal of a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Temporary Residence Transition stream. The applicant sought to have the decision under review set aside, but the Tribunal ultimately affirmed the original decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.223 of the Migration Regulations 1994. This clause, in essence, requires that the nominated position be approved, not withdrawn, located in regional Australia, and crucially, still available to the applicant. It also mandates that the visa application be made within six months of the nomination's approval and that there be no adverse information known to the Department about the nominator or associated persons, or that such information be disregarded.

The Tribunal's reasoning focused on the availability of the nominated position. It was revealed that the nominating entity, Bathurst Hair and Beauty Pty Ltd, had been deregistered by the Australian Securities and Investments Commission on 9 March 2018. The Tribunal informed the applicant that this information suggested the nominated position might no longer be available and that the nomination itself might not be considered approved under the regulations. Despite being given an opportunity to respond and comment on this information, the applicant provided vague responses, citing depression and shock, and failed to provide a substantive written submission by the deadline. Consequently, the Tribunal was not satisfied that the nominated position remained available to the applicant, nor that the application was subject to an approved nomination, leading to the affirmation of the decision under review.