Sahota (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), direct entry stream, made by Manpreet Kaur Sahota. The applicant sought review of a decision not to grant her and her family members the visa. The core of the dispute revolved around whether the nominated position for an office manager had been approved, a prerequisite for the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nominated position was the subject of an approved nomination, as required by subclause 187.233(3). This involved considering whether the nomination had been approved by the Minister and had not been subsequently withdrawn, and whether the visa application was made within six months of the nomination's approval.

The Tribunal reasoned that a previous decision by another member of the Tribunal had found that it lacked jurisdiction to review the delegate's decision not to approve the nomination. Consequently, the nomination was not approved. The Tribunal noted that clause 187.233(1) requires the position to be the subject of an application for approval of a nomination, and subclause 187.233(3) mandates that the Minister has approved the nomination. As this condition was not met, the Tribunal concluded that clause 187.233 was not satisfied. The applicant, during the hearing, acknowledged that she understood the nomination had not been approved and that she did not meet this requirement.

Therefore, the Tribunal affirmed the decision under review, meaning the applicants were not granted the Regional Employer Nomination (Permanent) (Class RN) visas.