KAUR (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Subclass 187) visa, Direct Entry stream, by the applicant, Kaur, and her associated family members. The dispute arose from the Department's decision to refuse the applicant sponsor's nomination application, which was subsequently affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's nominated position met the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the position was the subject of an approved nomination application under the relevant regulations, and if so, whether the applicant was identified in that nomination.

The Tribunal reasoned that for applicants in the Direct Entry stream, clause 187.233 mandates that the nominated position must be the subject of an approved nomination application. In this case, the Department had refused the sponsor's nomination application on 19 February 2016, and this decision had been affirmed by the Tribunal. Consequently, there was no approved nomination or pending nomination application for the applicant. As the applicant was not the subject of an approved nomination, clause 187.233(2) was not satisfied.

The Tribunal affirmed the decision not to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas. Because the primary visa applicant did not meet the criteria for the grant of the visa, the second named applicants, as family members, also did not meet the criteria.