Kaur (Migration)

The applicant, Ms Kaur, sought review of a decision not to grant her a Regional Employer Nomination (Permanent) visa (Subclass 187) in the Direct Entry stream. The Administrative Appeals Tribunal (the Tribunal) considered the applicant's claims and the evidence before it.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, which pertains to the nomination of a position for a Subclass 187 visa in the Direct Entry stream. This clause requires, among other things, that the position be the subject of an approved nomination and that the applicant be identified in that nomination.

The Tribunal reasoned that for an applicant to succeed in a review for a Subclass 187 visa in the Direct Entry stream, the associated nomination must have been approved. In this instance, the evidence showed that the nominator, Express Visa Migration Services Pty Ltd, had lodged a nomination application identifying the applicant, but this application was subsequently withdrawn. As there was no evidence of an approved nomination, and indeed evidence of its withdrawal, the Tribunal concluded that the requirement in clause 187.233(3) was not met. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant a Regional Employer Nomination (Permanent) visa.