Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Mrs Kirandeep Kaur, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry Nomination stream. The dispute arose because the nominator's application for the nominated position of Office Manager had not been approved.

The primary legal issue before the Tribunal was whether Mrs Kaur met the requirements of clause 187.233(3) of Schedule 2 to the Migration Regulations 1994. This clause mandates that for applicants in the Direct Entry stream, the nominated position must have been the subject of an approved nomination application, and the nomination must not have been subsequently withdrawn.

The Tribunal reasoned that the nominator's application for approval of the nominated position was refused by a delegate of the Minister on 11 August 2016. As the nomination had been refused, the Tribunal concluded that clause 187.233(3) was not met. The Tribunal also noted that it had provided Mrs Kaur with an opportunity to comment on this issue, but no response was received. Consequently, the Tribunal affirmed the decision not to grant the visa.