Kaur (Migration)

This matter concerned an Employer Nomination (Permanent) (Class EN) visa application under the Temporary Residence Transition stream, subclass 186. The applicant, Ms Kaur, was nominated by Kamboj Group Pty Ltd, trading as Xibit Car Wash, for the position of customer service manager. The Administrative Appeals Tribunal was required to determine whether Ms Kaur was the subject of an approved nomination for the visa.

The Tribunal considered clause 186.223 of the Regulations, which sets out the requirements for applicants in the Temporary Residence Transition stream. This clause mandates that the position must be the subject of an approved nomination under regulation 5.19(3), that the applicant must have been identified in the nomination as a relevant Subclass 457 visa holder, and that the position must be the one declared in the current visa application. Further, the nomination must have been approved and not withdrawn, there must be no adverse information known to the Department about the nominator or associated persons, the position must remain available to the applicant, and the visa application must have been made within six months of the nomination's approval.

The Tribunal found that the nomination, initially refused by the Department, was approved by the Tribunal on 16 May 2018. It was satisfied that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the six-month timeframe. Furthermore, no adverse information was known to the Department concerning the nominating business or its associates. Consequently, the Tribunal concluded that Ms Kaur met the requirements of clause 186.223.

The Tribunal remitted the visa applications for reconsideration. It directed that the first applicant, Ms Kaur, meets the criteria under clause 186.223. The applications of the second named visa applicants, who were family members of Ms Kaur, were also remitted for full reconsideration alongside Ms Kaur's primary application.