Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Café or Restaurant Manager. The applicant failed to attend a hearing, and the central dispute revolved around whether the applicant met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994. The decision was made by Penelope Hunter, a member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 187.233(3) of Schedule 2 to the Regulations. This clause requires, among other things, that the nomination of the position be approved and not subsequently withdrawn, and that the visa application be made within six months of the nomination's approval. The Tribunal was also required to consider whether the applicant met the criteria for the Direct Entry stream, and by extension, whether the secondary applicant, as a member of the family unit, met their criteria.

The Tribunal reasoned that the nomination application associated with the position of Café or Restaurant Manager by Colser Investments Pty Ltd had been refused by the Department and this refusal was affirmed by the Tribunal on 12 September 2022. Consequently, the nomination had not been approved, and therefore, clause 187.233 was not met. As the applicant had only sought to satisfy the criteria for the Direct Entry stream and had failed to meet a primary criterion, the Tribunal found that the secondary applicant, who relied on the primary applicant meeting the criteria, also did not meet the secondary criteria for the visa.

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