RAJBIR KAUR (Migration)

The Administrative Appeals Tribunal considered a matter concerning Rajbir Kaur and two other applicants seeking Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), under the Direct Entry stream for the position of Café or Restaurant Manager. The dispute centred on the approval of the nomination application, which was before the Tribunal for review.

The primary legal issue before the Tribunal was whether the nomination made by the Partnership for the position of Café or Restaurant Manager in respect of Rajbir Kaur met the relevant regulatory criteria. Specifically, the Tribunal was required to determine if the nomination application had been approved under regulation 5.19(4)(h) of the Migration Regulations 1994.

The Tribunal found that the nomination application had indeed been approved on 15 March 2019, satisfying clause 187.233(3) of Schedule 2 of the Regulations. Consequently, the Tribunal concluded that the appropriate course of action was to remit the visa application for reconsideration by the Minister. The visa applications of the second and third named applicants, who applied as members of Mrs Kaur's family unit, would be determined by reference to the outcome of Mrs Kaur's application following this remittal.