Sharanveer Kaur (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, by Sharanveer Kaur. The applicant sought review of a decision to affirm the refusal of her visa application. The core of the dispute revolved around whether the applicant met the requirements of clause 187.233 of the Migration Regulations 1994, specifically concerning the nomination of the position.

The Tribunal was required to determine whether the applicant satisfied the criteria under clause 187.233, which stipulated that the position must be the subject of an approved nomination that had not been subsequently withdrawn. Further requirements included that the nominator must be the prospective employer, the position must still be available, and the visa application must have been made within six months of the nomination's approval. The Tribunal also considered whether there was any adverse information known to the Department concerning the nominator or associated persons.

The Tribunal reasoned that the applicant's nominated position was put forward by LCG Hospitality Pty Ltd on 4 November 2015. However, this nomination was subsequently withdrawn on 1 February 2018, prior to the Tribunal's decision. As clause 187.233(4) explicitly requires that the nomination has not been subsequently withdrawn, the Tribunal found that this criterion was not met. Despite acknowledging the applicant's difficult personal circumstances and the significant processing delays, the Tribunal held that it had no discretion to grant the visa when the essential regulatory requirements were not satisfied. The Tribunal also affirmed the decision not to grant a visa to the second named applicant, as they failed to meet the secondary criteria as a family unit member and did not meet the primary criteria in their own right.

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