Sarbjit Kaur (Migration)

This matter concerned an application for Employer Nomination (Permanent) (Class EN) visas, specifically Subclass 186 (Employer Nomination Scheme) under the Temporary Residence Transition stream. The primary dispute revolved around the approval of a nomination for a Hairdresser position by the employer, Aussie Looks Hair & Beauty Salon Pty Ltd, for the first-named applicant, Sarbjit Kaur. The case was heard by the Tribunal.

The central legal issue before the Tribunal was whether the nomination for the Hairdresser position met the requirements of clause 186.223 of Schedule 2 to the relevant regulations. This clause, as applicable, requires that the position be the subject of an approved nomination application that identifies the visa applicant and that the position was the one declared as part of the current visa application.

The Tribunal reasoned that the Department of Home Affairs had initially refused the nomination application on 8 February 2017. However, the employer subsequently sought review of this decision. On 26 September 2019, the Tribunal set aside the refusal and substituted a decision approving the nomination. Consequently, the Tribunal found that clause 186.223(2) was satisfied in relation to the first-named applicant. The Tribunal also noted that the other named applicants applied as family members of the first-named applicant, meaning their applications would be determined based on the outcome of Ms. Kaur's application.

The Tribunal concluded that the appropriate course of action was to remit the visa applications to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first-named applicant meets criterion cl.186.223(2) of Schedule 2 to the Regulations.