Kaur (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, by Mrs Kaur and her husband, Mr Singh. The dispute arose after the Department refused the nomination application made by the sponsoring company. The company subsequently withdrew its application for review before the Tribunal. The Tribunal, constituted by Katie Malyon, was required to determine whether the applicants met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicants satisfied the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994, specifically concerning the nomination of the position. This clause requires, among other things, that the nomination has been approved and has not been subsequently withdrawn. The Tribunal also considered whether the applicants met the primary and secondary criteria for the grant of the visa.

The Tribunal reasoned that the sponsoring company's nomination application had been refused by the Department and that the company had withdrawn its review application. As the nomination had not been approved, the Tribunal concluded that Mrs Kaur did not meet the criteria in cl.187.233(3) of Schedule 2 to the Regulations. Consequently, as Mrs Kaur did not satisfy the primary criteria for the Subclass 187 visa, her husband, Mr Singh, could not satisfy the secondary criteria. The Tribunal affirmed the decision not to grant the visas.