Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Kaur (Migration), concerning an application for a Subclass 186 Employer Nomination (Permanent) (Class EN) visa, Temporary Residence Transition stream. The primary applicant sought approval for a position as a Hair or Beauty Salon Manager, with secondary applicants also included in the application.

The central legal issue before the Tribunal was whether the applicant's nomination satisfied the requirements of clause 186.223 of the Migration Regulations 1994, and consequently, whether the secondary applicants met the criteria under clause 186.311. This involved determining if the nominated position was still available to the applicant and if the nomination had been approved and not subsequently withdrawn.

The Tribunal found that the nominated position was the same as that stated in the visa application declaration and that the nominator was the person who would employ the applicant. It was satisfied that the relevant appointment had not been withdrawn and remained available to the visa applicant, and that the secondary applicants were members of the primary applicant's family unit. Based on these findings, the Tribunal concluded that the primary applicant met the criteria under cl.186.223 and the secondary applicants met the criteria under cl.186.311.

Consequently, the Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration by the Minister, with a direction that the primary and secondary applicants had met the specified criteria.