KULJEET KAUR (Migration)

This matter concerned an application for review of a decision to refuse an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, Temporary Residence Transition stream. The applicant, Kuljeet Kaur, sought to have the nomination approved, which was a prerequisite for her visa application. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the applicant met the requirements of clause 186.223 of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the nominated position of Cook (ANZSCO 351411) met the criteria stipulated in clause 186.223. This clause requires, among other things, that the nomination has been approved and not withdrawn, that there is no adverse information concerning the nominator or associated persons, that the position remains available to the applicant, and that the visa application was lodged within six months of the nomination's approval. The Tribunal also considered the application of Mr. Amrik Singh, who applied as a member of the first applicant's family unit.

The Tribunal found that the nominating employer, Punjab Delight Pty Ltd, had its nomination for the Cook position approved by the AAT on 10 October 2019, and this approval had not been withdrawn. It was satisfied that there was no adverse information known to Immigration regarding the nominator or associated persons, and that the position remained available to Mrs. Kaur. Furthermore, the Tribunal determined that the visa application, made on 28 June 2017, was lodged within the six-month timeframe after the nomination's approval.

Consequently, the Tribunal concluded that the requirements of clause 186.223 were met. The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant, Kuljeet Kaur, satisfies the criteria under clause 186.223. The application of Mr. Amrik Singh would be determined by reference to the outcome of Mrs. Kaur's application upon remittal.