Kaur (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, under the Direct Entry stream, brought by Mrs Kaur and two other applicants. The dispute arose because the delegate refused to grant the visas on the basis that the employer's nomination application had been refused. The applicants sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether there was an approved nomination for the position of Cafe or Restaurant Manager, which is a mandatory requirement for the grant of a Subclass 187 visa under the Direct Entry stream. The Tribunal was required to determine if the applicants met this criterion, given that the nominating business had been deregistered and ceased to exist as a legal entity.

The Tribunal reasoned that a prerequisite for the grant of the visa is an approved nomination. It was established that the nominating business, Stewarts @ Brookleigh Pty Ltd, had its nomination application refused. Furthermore, the Tribunal had previously determined that it lacked jurisdiction to review this refusal because the nominating business had been deregistered. Consequently, there was no pending review of the nomination refusal, and the nomination itself was not approved. The Tribunal applied the principle that without an approved nomination, the applicants could not satisfy a fundamental requirement for the visa. The applicants acknowledged they were unaware of the deregistration but did not request further time to respond to this information.

The Tribunal affirmed the delegate's decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants, as they had failed to meet the essential criterion of having an approved nomination.