Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Kaur (Migration), involving applicants seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream. The primary dispute concerned whether the applicants had satisfied the criteria for the visa, specifically relating to an approved nomination for a position in regional Australia.

The Tribunal was required to determine whether the applicants met the requirements of clause 187.233 of the Migration Regulations, which outlines the conditions for a nominated position in the Direct Entry stream. This clause necessitates, among other things, that the nomination has been approved by the Minister and has not been subsequently withdrawn, that the employer is the nominator, that there is no adverse information known to Immigration or that such information is reasonable to disregard, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal's reasoning focused on the failure to meet clause 187.233, as the nomination for the position had not been approved. Because this essential criterion was not satisfied, the Tribunal concluded that the applicants had not met the requirements for the Subclass 187 visa in the Direct Entry stream. Consequently, as the primary applicants did not meet the visa criteria, the secondary applicants also failed to meet the secondary criteria for the grant of the visa.

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