R KAUR & T SINGH (Migration)

This matter concerned an appeal by R Kaur and T Singh against a decision to refuse a nomination application. The nominated occupation was 'Nurseryperson'. The Tribunal was required to determine whether the applicant met the criteria for approval of the nomination under the Migration Regulations 1994.

The central legal issue was whether the nominated occupation of 'Nurseryperson' was specified in the relevant legislative instrument, IMMI 17/060, as required by subclause 2.72(10)(aa) of the Migration Regulations 1994. This subclause mandates that the nominated occupation and its 6-digit code must correspond to an occupation and code specified in the instrument, and the occupation must be applicable to the nominated person.

The Tribunal found that the nominated occupation of 'Nurseryperson' was not specified in IMMI 17/060, nor was its corresponding 6-digit code. Consequently, the Tribunal concluded that the requirements of subclause 2.72(10)(aa) were not met. The Tribunal affirmed the decision to refuse the nomination.