KAUR (Migration)

This matter concerned an appeal by Mrs Kaur against a decision of the Department of Immigration and Border Protection (the Department) to refuse her application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 Regional Sponsored Migration Scheme. The appeal was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the nomination for the position of Cafe or Restaurant Manager, made by Alice Food Concepts in support of Mrs Kaur's visa application, had been approved by the Minister for the purposes of clause 187.223 of Schedule 2 to the Migration Regulations 1994. This clause requires, among other things, that the nominated position has been approved and has not been subsequently withdrawn, and that the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that the Department had refused the application for approval of the nominated position on 26 November 2016. It noted the Full Federal Court's decision in *Singh v MIBP* [2017] FCAFC 105, which held that the relevant provisions of the regulations refer to a factual event, namely whether an employer nomination had been made and declared by the applicant. The Tribunal found that, as the nomination had been refused, it could not be considered an approved nomination for the purposes of the visa criteria. The Tribunal affirmed the decision not to grant the visa to Mrs Kaur, noting it had no jurisdiction in relation to another applicant.