Kaur (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The applicant sought review of a decision not to grant the visas. The core of the dispute revolved around the approval status of the nominated position.

The Tribunal was required to determine whether the nominated position, that of a Cook with Chennai Sweets Pty Ltd, was the subject of an approved nomination that had not been subsequently withdrawn. This involved considering the requirements of clause 187.233 of the Regulations, which stipulated that for Direct Entry stream applicants, the nominated position must have been approved and not withdrawn, among other conditions.

The Tribunal reasoned that the nominator, Chennai Sweets Pty Ltd, had initially sought review of a delegate's refusal to approve the nomination. However, this application for review was subsequently withdrawn by the nominator. The Tribunal had notified the applicant of this withdrawal and its potential impact on the visa application, specifically that it could lead to a finding that the nominated position was not approved. As the applicant did not respond to this notification, the Tribunal concluded that the requirement for an approved and un-withdrawn nomination was not met. Consequently, the Tribunal affirmed the decision not to grant the visas.