Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, who sought review of a decision not to grant her a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The dispute centred on whether Ms Kaur satisfied the requirements of clause 187.233 of the Migration Regulations 1974.

The primary legal issue before the Tribunal was to determine whether the nomination requirements under clause 187.233 of the Migration Regulations 1974 had been met by Ms Kaur. This clause outlines several conditions, including that the nominated position must be located in regional Australia, the employer must be the nominator, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons (or such information must be disregarded), the position must remain available, and the visa application must be lodged within six months of the nomination's approval.

The Tribunal found that Ms Kaur had not satisfied the requirements of clause 187.233. Her submissions indicated that her previous employer withdrew her nomination due to business closure, and a subsequent prospective employer also failed to provide necessary documentation for her nomination, leading to the refusal of her visa application. The Tribunal noted that the applicant had only sought to satisfy the criteria for the Direct Entry stream and that these requirements had not been met.

Consequently, the Tribunal affirmed the decision not to grant Ms Kaur the Regional Employer Nomination (Permanent) (Class RN) visa.