Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, who sought review of a decision not to grant her a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Direct Entry stream. The core of the dispute concerned whether Ms Kaur was the subject of an approved nomination as required by the relevant migration regulations.

The Tribunal was required to determine whether Ms Kaur met the criteria under clause 187.233 of the Migration Regulations 1994, which mandates that an applicant for a Subclass 187 visa in the Direct Entry stream must be the subject of an approved nomination. This includes requirements relating to the employer, the nomination's approval status, the absence of adverse information, the continued availability of the position, and the timing of the visa application relative to the nomination approval.

The Tribunal reasoned that a fundamental requirement for the grant of the visa is that the relevant nomination must have been approved. In this instance, the nomination had been refused and was no longer available to the applicant. Despite submissions regarding workplace issues, no evidence was presented to demonstrate that Ms Kaur was the subject of an approved nomination. Consequently, the Tribunal found that clause 187.233 was not satisfied.

As Ms Kaur had only sought to satisfy the criteria for the Subclass 187 visa under the Direct Entry stream, and these requirements had not been met, the Tribunal affirmed the decision not to grant the visa.