KAUR (Migration)

The Administrative Appeals Tribunal considered a decision concerning applications for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream. The applicants sought to have the decision not to grant these visas reviewed.

The primary legal issue before the Tribunal was whether the applicants met the criteria for the grant of the visas, specifically focusing on the requirement for an approved nomination for the specified occupation. The Tribunal was required to determine if the position was the subject of an approved nomination under the relevant regulations and if the applicants had satisfied clause 187.233 of the Migration Regulations 1994.

The Tribunal reasoned that for applicants in the Direct Entry stream, clause 187.233 mandates that the nominated position must have an approved nomination. In this case, the employer nomination by Angelo Nominees Pty Ltd for the position of Nurseryperson (ANZSCO 362411) had been refused by the Department, and the Tribunal had previously affirmed that refusal. The Tribunal noted that it had no evidence of an approved nomination for the specified occupation in relation to the applicant. Consequently, the Tribunal found that clause 187.233(3) was not satisfied. Furthermore, the Tribunal found that the second applicant, as a member of the primary applicant's family unit, could not satisfy clause 187.311 because the primary applicant did not hold the Subclass 187 visa.

Accordingly, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.