Kaur (Migration)

The applicant, Ms Kaur, sought review of a decision by the Department of Home Affairs not to grant her a Subclass 187 Regional Sponsored Migration Scheme visa, Direct Entry stream, for the occupation of Café or Restaurant Manager. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Kaur met the requirements of clause 187.233 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nomination of the position by the employer, A&P Investors Pty Ltd, had been approved, as required by cl.187.233(3). The Tribunal had previously affirmed the Department's decision not to approve this nomination on 31 August 2021. The Tribunal also considered whether the position was still available to the applicant and if the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that a fundamental requirement for the Subclass 187 visa in the Direct Entry stream is an approved nomination. As the nomination in this case had not been approved, and this decision had been affirmed by the Tribunal itself, the applicant could not satisfy this essential criterion. The Tribunal had notified the applicant of this information and invited her to comment, but she failed to provide a satisfactory response or request an extension of time.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa, as the requirements of cl.187.233 had not been met.