Kaur (Migration)

The applicant, Ms Kaur, sought judicial review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a refusal of her application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant was employed as a cook by a business in a regional area.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate had erred in law in affirming the refusal of the visa application. Specifically, the court was required to consider whether the delegate had properly assessed the applicant's eligibility for the visa, particularly in relation to the requirements of the relevant legislative instrument and the evidence provided in support of the application.

The court found that the delegate had not erred in law. The delegate had correctly applied the legislative criteria to the facts of the case, including the assessment of the applicant's qualifications and experience as a cook, and the genuineness of the employer's nomination. The delegate's decision was based on a proper understanding of the relevant provisions of the *Migration Regulations 1994* (Cth) and the evidence before them.

The application for judicial review was dismissed.