Kaur (Migration)

This matter concerned an application for review of a decision to refuse Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant, a citizen of India, sought to remain in Australia with her family. The primary legal dispute revolved around whether the applicant met the requirements for the visa, specifically concerning the nomination process.

The central legal issue before the Tribunal was whether the applicant was the subject of an approved nomination for the occupation of Cook, as required by clause 187.233 of Schedule 2 to the Regulations. This clause stipulated several conditions for a valid nomination, including that the nomination must have been approved by the Minister, not subsequently withdrawn, and that the visa application must have been made within six months of the nomination's approval.

The Tribunal reasoned that a prerequisite for granting the visa was the approval of the nomination. In this case, the nomination application was refused by the Department on 8 March 2018, and this refusal was not the subject of a subsequent application for review. Despite being notified of this fact and given an opportunity to respond or withdraw the application, the applicant did not provide information demonstrating an approved nomination. Consequently, the Tribunal concluded that the applicant had not satisfied the essential criteria for the visa. The Tribunal affirmed the decision not to grant the applicants the visas.