Kaur (Migration)

The Administrative Appeals Tribunal considered the applications of Mrs Jagwant Kaur and Mr Beant Singh for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The Tribunal also considered the applications of Miss Manvi Sandhu and Mr Guljinder Singh. The primary issue for the Tribunal was whether the applicants met the criteria for the visa, particularly in relation to an approved nomination by an employer.

The legal issues before the Tribunal were twofold. Firstly, whether Mrs Kaur satisfied the criteria for the Subclass 187 visa, specifically clause 187.233 of the Migration Regulations 1994, which requires the applicant to be the subject of an approved nomination. Secondly, the Tribunal had to determine whether it had jurisdiction to consider the applications of Miss Sandhu and Mr Singh, given their location at the time of application.

The Tribunal found that the nomination application lodged by KT Autocare Pty Ltd on behalf of Mrs Kaur was refused. As a result, Mrs Kaur did not meet the requirement of being the subject of an approved nomination, and therefore did not satisfy the primary criteria for the visa. Regarding Miss Sandhu and Mr Singh, the Tribunal found that they were not in the migration zone at the time their applications were made. Consequently, their applications were not properly made under section 347 of the Migration Act 1958, and the Tribunal lacked jurisdiction to consider their matters. The Tribunal also found that Mr Beant Singh did not meet clause 187.311 of Schedule 2 of the Regulations, as he was not a member of the family unit of a person who held a Subclass 187 visa.