Kaur (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The applicant's eligibility for the visa was contingent on an approved nomination for the position of Human Resources Manager. The Tribunal was tasked with reviewing a decision that affirmed the refusal of the employer's nomination.

The central legal issue before the Tribunal was whether the applicant met criterion cl.187.233(3), which requires that the nomination for the position be approved. This criterion, as applicable, necessitates that the nominated position be located in regional Australia, be the subject of an approved nomination application, and, for nominations made on or after 1 July 2017, identify the applicant in relation to the position. Further requirements include that the nominator is the prospective employer, the nomination has not been withdrawn, there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), the position remains available to the applicant, and the visa application was lodged within six months of the nomination's approval.

The Tribunal reasoned that the employer nomination lodged by A S Randhawa Holdings Pty Ltd ATF A S Randhawa Investments Trust had been affirmed as refused by the Tribunal on 23 June 2021. This prior affirmation meant that the nomination was not approved, and therefore, the requirement under cl.187.233(3) could not be satisfied. Consequently, the Tribunal concluded that the applicant did not meet the criterion, and the decision under review, which affirmed the refusal of the visa application, should also be affirmed.