Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, by Ms Sulphar Kaur, sponsored by Daginawala Pty Ltd. The primary dispute revolved around the approval of the employer's nomination, which had initially been refused by a delegate but was subsequently approved by the Administrative Appeals Tribunal.

The legal issue before the Tribunal was whether the employer's nomination for Ms Kaur met the requirements of the relevant regulations, specifically r.5.19(4) and cl.187.233(3) of Schedule 2 to the Regulations. The Tribunal was required to determine if the nomination, having been approved, satisfied the criteria for the visa application to proceed.

The Tribunal found that the nomination of Ms Kaur by Daginawala Pty Ltd was approved under r.5.19(4) of the Regulations. This approval meant that Ms Kaur now met the criteria stipulated in cl.187.233(3) of Schedule 2 to the Regulations. Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining eligibility criteria for the subclass 187 visa.