Paramjit Kaur (Migration)

This matter concerned an appeal by Paramjit Kaur against the refusal of her Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), Temporary Residence Transition stream. The primary dispute revolved around whether the nominated position met the requirements of clause 186.223 of the Migration Regulations 1994. The Administrative Appeals Tribunal (AAT) considered the appeal.

The AAT was required to determine whether the nominated position for the role of Cook (ANZSCO 351411) was the subject of an approved nomination that had not been withdrawn, whether there was any adverse information concerning the nominator or associated persons, if the position remained available to the applicant, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also needed to consider the applications of family members who applied as part of Mrs Kaur's 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, after an initial refusal by the Department. The Tribunal was satisfied that the employer was the nominator, the nomination had been approved and not withdrawn, there was no adverse information known to Immigration regarding the nominator or associated persons, the position remained available to Mrs Kaur, and the visa application was made within the six-month timeframe after the nomination approval. Consequently, the Tribunal concluded that clause 186.223 of the Regulations was met.

The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant, Paramjit Kaur, met the criteria under clause 186.223. The applications of her family members would be determined by reference to the outcome of Mrs Kaur's application on remittal.