Kaur (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for the position of Cook. The applicants sought review of a decision that had refused their visa application. The core of the dispute revolved around whether the nomination for the position had been approved in accordance with the relevant legislative criteria.

The Tribunal was required to determine whether the nomination for the position of Cook met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations. Specifically, this involved assessing whether the nominated position was the one declared in the visa application, whether the employer was the nominator, whether the nomination had been approved and not withdrawn, whether there was any adverse information concerning the nominator or associated persons, whether the position remained available, and whether the visa application was lodged within six months of the nomination's approval.

The Tribunal found that the applicants had satisfied the requirements of clause 187.233. It relied on its previous findings from a nomination application, which had been approved on 10 January 2019, to conclude that the nominated position was indeed the same as that declared in the visa application and that the employer was the nominator. The Tribunal also determined that the approved nomination met the criteria regarding adverse information and the availability of the position.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first applicant met the criteria specified in clause 187.233 for the Subclass 187 visa. The Minister was to consider the remaining criteria for the visa.