Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, for a Pastry Cook. The applicant sought review of a decision to refuse the visa.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by clause 187.233 of the Migration Regulations 1994. This clause, as applicable, stipulated several conditions, including that the nomination must have been approved, not subsequently withdrawn, and that the visa application must have been made within six months of the nomination's approval.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 found that the nomination lodged by The Trustee for the AMJK Unit Trust was refused on 16 August 2018. Although an application for review of this refusal was lodged, the employer subsequently withdrew their application for review, leading the Tribunal to determine it lacked jurisdiction to review the refusal of the employer nomination. The applicant confirmed her understanding of these facts and acknowledged that in the absence of an approved nomination, the decision under review would likely be affirmed. She stated she had no further submissions, other than her nominating employer not explaining the withdrawal of the nomination, and indicated an intention to seek a new nomination, which the Tribunal clarified could not be relied upon for the existing visa application.

Consequently, the Tribunal affirmed the decision not to grant the applicants the Subclass 187 visas, as the primary applicant did not satisfy the requirements of clause 187.233, and by extension, the secondary applicants did not satisfy clause 187.311.