Reyat (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Kuljit Singh Reyat, who sought review of decisions by the Department of Immigration and Border Protection. The dispute concerned Mr. Reyat's application for a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream, for the nominated position of Transport Company Manager. The Department had refused to approve the employer's nomination and, consequently, refused Mr. Reyat's visa application.

The primary legal issue before the Tribunal was whether the nomination for the Transport Company Manager position had been approved, as required by the Migration Regulations. Specifically, the Tribunal had to determine if the nomination met the criteria outlined in clause 187.233 of the Regulations, which mandates that the nominated position must have been approved and that the applicant must satisfy certain conditions related to this approved nomination.

The Tribunal reasoned that for a Direct Entry stream application under Subclass 187, clause 187.233 requires the nominated position to have been approved under specific regulations. The employer, Dasmesh Truck Transport Pty Ltd, had applied for approval of the nomination, but the Department refused it on the basis that it did not satisfy regulation 5.19(4)(f). The Tribunal subsequently affirmed the Department's decision to refuse the nomination approval. The Tribunal notified Mr. Reyat that without evidence of an approved nomination, he could not satisfy clause 187.233(3), and that this would also impact secondary visa applicants. Mr. Reyat was invited to respond but failed to do so within the prescribed period.

As Mr. Reyat had not provided the necessary evidence of an approved nomination and had not responded to the Tribunal's request for information, the Tribunal concluded that the requirements for the Direct Entry stream had not been met. Accordingly, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.