Ranpreet Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ranpreet Kaur and other applicants seeking Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The dispute arose from the refusal to grant these visas, which was affirmed by the Tribunal. The primary issue was whether the employer's nomination for the position met the requirements of clause 187.233 of the Migration Regulations 1994.

The Tribunal was required to determine if the nominated position was approved, if the employer was the nominator, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator or associated persons, if the position remained available, and if the visa application was lodged within six months of the nomination approval. The Tribunal also needed to consider the implications for secondary applicants if the primary applicant failed to meet the visa criteria.

The Tribunal's reasoning focused on the failure of the primary applicant to satisfy clause 187.233. It noted that the employer's nomination had been refused, and this refusal was affirmed by the Tribunal on 20 September 2019. Subsequently, the Tribunal issued a letter under s.359A of the Migration Act 1958, inviting the applicant to respond to information suggesting non-compliance with clause 187.233(3). No response was received by the Tribunal. As the primary applicant did not meet the criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal concluded that the secondary applicants also did not meet the relevant criteria under clause 187.311.

Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.