Sukhwinder pal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), by Mr Sukhwinder Pal, Mrs Sapna, and Ms Mayra Bhardwaj. Mr Pal applied for the visa to work as a Cook, with his nomination supported by Yashpal Food Pty Ltd. Mrs Sapna and Ms Mayra Bhardwaj applied as members of Mr Pal's family unit. The Administrative Appeals Tribunal was required to review the decision of the Department of Home Affairs to refuse these visa applications.

The primary legal issue before the Tribunal was whether Mr Pal met the requirements of clause 187.233(3) of Schedule 2 to the Regulations, specifically concerning the existence of an approved nomination. This was critical because the visa applications of Mrs Sapna and Ms Mayra Bhardwaj were contingent on Mr Pal being granted a subclass 187 visa, as they sought to meet the secondary criteria under clause 187.311 as members of his family unit.

The Tribunal's reasoning focused on the status of the nomination by Yashpal Food Pty Ltd. It was established that the Department of Home Affairs had refused the nomination, and an application by Yashpal Food Pty Ltd to review this refusal was subsequently withdrawn on 18 May 2022. Consequently, the Department's decision to refuse the nomination stood, meaning the nomination was not approved. The Tribunal notified Mr Pal of this development and invited him to provide comments, explaining that the absence of an approved nomination would likely lead to the Tribunal affirming the decision under review. Mrs Sapna and Ms Mayra Bhardwaj were also invited to respond, with the Tribunal noting that their inability to meet the secondary criteria stemmed from Mr Pal not holding a subclass 187 visa.

The Tribunal affirmed the decision under review to refuse the visa applications of Mr Sukhwinder Pal, Mrs Sapna, and Ms Mayra Bhardwaj.