Kaur (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant sought to satisfy the criteria for this visa subclass, and no claims were made in respect of other visa streams. The Tribunal, constituted by Senior Member Michael Cooke, was required to determine whether the applicant met all the necessary requirements for the visa.

The central legal issue before the Tribunal was the applicant's lack of an approved nomination. Clause 187.233 of the applicable regulations required, among other things, that the position to which the application related be the subject of an approved nomination in the Direct Entry stream, located in regional Australia. This clause further stipulated that the nomination must identify the applicant, that the nominator must be the prospective employer, that the nomination must have been approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remain available, and that the visa application be made within six months of the nomination approval.

The Tribunal found that the applicant's proposed nominator, Australia Skill Programs Pty Ltd, had its nomination application refused on 30 November 2018. The applicant was aware of this refusal and that her nominator had not sought a review of that decision. Despite being alerted by the Tribunal to the consequences of not having an approved nomination, the applicant did not provide any further information or make claims in response to a Request for Information letter. Consequently, the Tribunal concluded that the applicant had failed to meet the requirements of clause 187.233(3), as there was no approved nomination.

The Tribunal affirmed the decision not to grant the applicant the visa.