Kaur (Migration)

This matter concerned an appeal by the applicant, Kaur, against a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the Minister had approved the nomination of the applicant for the position of Hairdresser, as required by subregulation 187.233(3) of the Migration Regulations 1994. This subregulation mandates that the nominated position must be the subject of an approved nomination application, made by the prospective employer, and that the nomination must have been approved and not subsequently withdrawn.

The Tribunal found that the nomination lodged by the applicant's nominator, Pukhraj Pty Ltd, was refused by the delegate on 8 January 2019. While the nominator sought merits review of this refusal, the Tribunal affirmed the decision to refuse the nomination on 8 December 2021. As there was no information before the Tribunal indicating any further appeals or applications, the Tribunal concluded that there was no approved nomination in favour of the applicant. Consequently, the Tribunal determined that clause 187.233 was not met. Furthermore, the Tribunal noted that the secondary applicant's visa application could not succeed as they were not a member of the family unit of a person who had satisfied the primary criteria for the Subclass 187 visa.

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