MANDEEP KAUR (Migration)

This matter concerned an appeal by Mandeep Kaur against the refusal of her Subclass 187 (Regional Sponsored Migration Scheme) visa application. The nominated position was that of a Cook, with Avneet Holding Pty Ltd as the nominating employer. The core of the dispute revolved around whether the nominated position met the requirements of clause 187.233 of the Migration Regulations 1994, particularly concerning adverse information potentially held by the Department of Immigration about the nominating entity or associated persons.

The Tribunal was required to determine if the applicant met the criteria for a Subclass 187 visa, specifically clause 187.233, which outlines requirements for the nominated position. These include that the employer who made the nomination must be the person who will employ the applicant, that the nomination has been approved and not withdrawn, that there is no adverse information known to the Department about the nominator or associated persons, or that it is reasonable to disregard such information, that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal found that the nominating employer, Avneet Holding Pty Ltd, was the intended employer, the nomination for the Cook position at Tandoori Dhaba Tumbi Umbi had been approved by the Tribunal and not withdrawn, the position remained available, and the visa application was made concurrently with the nomination. However, the Tribunal noted potential adverse information concerning the subleasing of the restaurant premises by the applicant from Montoora Holdings Ltd, a company previously barred as a sponsor, and the association of Montoora Holdings' director with another company claiming to operate from the same premises. The Tribunal considered this information and provided the nominator an opportunity to respond.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the first applicant, Mandeep Kaur, meets the criteria under clause 187.233 of Schedule 2 to the Regulations. The application of Mr Harkamal Jit Singh, a family unit member, will be determined by reference to the outcome of Mrs Kaur's remitted application.