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 central dispute revolved around whether the applicants were the subjects of an approved nomination for the position they sought to be nominated for.

The primary legal issue before the Tribunal was to determine whether the applicants met the criteria for the Subclass 187 visa, specifically clause 187.233, which requires the position to be the subject of an approved nomination in regional Australia. This clause further stipulates that the nomination must identify the applicant, be made by the prospective employer, have been approved and not withdrawn, and that there be no adverse information concerning the nominator or associated persons, among other conditions.

The Tribunal reasoned that a fundamental requirement for the visa grant was an approved nomination. Evidence before the Tribunal indicated that the nomination application for the position identified in the visa application had been refused, and this refusal decision was not subject to a pending review by the Tribunal. The Tribunal had previously determined it lacked jurisdiction to review the nomination decision. Consequently, as the applicants were not the subject of an approved nomination and had no pending review of a nomination refusal, they could not satisfy the visa criteria. The Tribunal affirmed the decisions not to grant the applicants the visas.