Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered the matter of Mrs Vimaljit Kaur, who sought a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The dispute arose when the Department of Immigration refused to approve the nomination of the position of Office Manager (ANZSCO 512111) by Kev Renovations Pty Ltd, which consequently led to the refusal of Mrs Kaur's visa application. The AAT was asked to review the decision not to approve the nomination.

The primary legal issue before the Tribunal was whether the applicant, Mrs Kaur, met the requirements of clause 187.233 of the Migration Regulations 1994. This clause pertains to the nomination of a position for a Subclass 187 visa, requiring, among other things, that the nominated position be located in regional Australia, that the nominator be the prospective employer, that the nomination be approved and not withdrawn, that there be no adverse information known to Immigration about the nominator or associated persons, that the position remain available, and that the visa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 reasoned that the Department's initial refusal of the nomination was flawed. Following a review, the AAT set aside the Department's decision and substituted a new decision to approve the nomination. The Tribunal was satisfied that Kev Renovations Pty Ltd was the nominator and prospective employer, that the nomination for Office Manager had been approved by the Tribunal and not withdrawn, that no adverse information was known to Immigration concerning the nominator or associated persons, that the position remained available to Mrs Kaur, and that the visa application was made concurrently with the nomination approval, thus satisfying the six-month timeframe.

Consequently, the Tribunal found that the requirements of clause 187.233 were met. The Tribunal remitted Mrs Kaur's visa application, along with those of her family members, Mr Rajinder Pal Singh and Mr Akshpreet Singh, to the Minister for reconsideration, with a direction that Mrs Kaur meets the criteria under clause 187.233.