KIRANDEEP KAUR (Migration)

This matter concerned a review by the Tribunal of a decision relating to Kirandeep Kaur's application for a Subclass 187 Regional Sponsored Migration Scheme visa under the Direct Entry stream. The core dispute revolved around whether the nomination associated with the visa application had been approved, a prerequisite for meeting criterion 187.233(3) of Schedule 2 to the Regulations.

The Tribunal was required to determine if the nomination for the position of cook, made by Bridelind Pty Ltd on behalf of the applicant, had been approved. This involved assessing whether the nominated position was located in regional Australia and whether the nomination itself had received ministerial approval, as stipulated by clause 187.233 of the applicable regulations.

The Tribunal reasoned that while the Department had initially refused the nomination, Bridelind Pty Ltd had sought a review of that decision. Subsequently, on 21 February 2019, the Tribunal had set aside the Department's refusal and substituted a decision approving the nomination. As the nomination had now been approved, the Tribunal concluded that criterion 187.233(3) was satisfied. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining visa criteria.