Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, in the Direct Entry stream. The applicant sought to have a decision affirmed by the Tribunal, which had refused to grant the visa. The Tribunal, presided over by Bridget Cullen, was required to determine whether the applicant had met the criteria for the visa.

The central legal issue before the Tribunal was whether the applicant had an approved nomination for the purposes of subclause 187.233(3) of the Migration Regulations 1994. This subclause, as applicable, required, among other things, that the nomination be approved and not subsequently withdrawn, that the nominator be the prospective employer, that the position be still available, and that the visa application be made within six months of the nomination approval. The Tribunal also considered whether the applicant met subclause 187.311, which pertains to secondary applicants.

The Tribunal reasoned that the applicant's supporting nomination application was refused on 14 March 2018, and no appeal was lodged. Crucially, the applicant had not provided the Tribunal with an approved nomination. Consequently, the Tribunal found that subclause 187.233(3) was not met. As the primary applicant failed to satisfy this criterion, the Tribunal concluded that the secondary applicants also failed to meet the requirements of subclause 187.311. Therefore, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.