Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Café or Restaurant Manager. The applicant sought review of a decision affirming the refusal of her visa application. The central dispute revolved around whether the position to which the application related was the subject of an approved nomination as required by clause 187.233 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant satisfied clause 187.233, specifically whether the position was the subject of an approved nomination. This clause, as applicable, stipulated several requirements, including that the nomination must have been approved, not subsequently withdrawn, and that the visa application must have been made within six months of the nomination's approval. The Tribunal also considered whether the employer who made the nomination was the person who would employ the applicant, the availability of the position, and the absence of adverse information concerning the nominator.

The Tribunal reasoned that the nomination lodged by Australian Brothers Pty Ltd was refused on 10 June 2019. Subsequently, the Tribunal determined it lacked jurisdiction to review this refusal because the employer had been deregistered. Consequently, the nomination remained refused. The applicant acknowledged this factual position. The Tribunal explained that without evidence of an approved nomination, it was inclined to affirm the delegate's decision. The applicant requested a delay to pursue a new visa application with a different employer, but the Tribunal concluded that a new nomination could not be relied upon for the existing visa application, rendering further time futile.

As the primary applicant did not satisfy the requirements of clause 187.233, the Tribunal found that the secondary applicants also failed to meet the criteria for the visa grant. Accordingly, the Tribunal affirmed the decision not to grant the applicants the Regional Employer Nomination (Permanent) (Class RN) visas.