Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, for the nominated position of Chef. The applicant, Mrs Ranjit Kaur, had her visa application refused following the refusal of her employer's nomination by the Department of Immigration. The employer, JP Restaurants & Catering Pty Ltd, subsequently sought review of the nomination refusal.

The primary legal issue before the Tribunal was whether Mrs Kaur met the requirements of cl.187.233 of Schedule 2 to the Migration Regulations 1994. This clause outlines several criteria for applicants in the Direct Entry stream, including that the nominated position must have been approved under the relevant regulations, the nominator must be the prospective employer, the nomination must be approved and not withdrawn, there must be no adverse information concerning the nominator or associated persons, the position must remain available, and the visa application must be made within six months of the nomination approval.

The Tribunal found that JP Restaurants & Catering Pty Ltd, the nominator, was also the prospective employer. It was satisfied that the nomination for the Chef position had been approved by the Tribunal and not withdrawn, and that there was no adverse information known to Immigration regarding the nominator or associated persons. The nominator confirmed the position remained available to Mrs Kaur, and crucially, the visa application was made concurrently with the nomination, thus satisfying the time limit.

Consequently, the Tribunal remitted the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration. The Tribunal directed that Mrs Kaur met the criteria under cl.187.233 for a Subclass 187 visa. The applications of Mr Sukhdeep Singh Sidhu and Master Gurnoor Singh Sidhu, who applied as members of Mrs Kaur's family unit, would be determined by reference to the outcome of Mrs Kaur's application upon remittal to the Department.