Thakur (Migration)

This matter concerned an application for review of a decision to refuse Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the position of Cook. The applicants were Mrs Minal Thakur and Miss Ayra Thakur. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicants met the criteria for the visa, particularly clause 187.233 of the Regulations, which pertains to the approval of a nomination.

The central legal issue before the Tribunal was whether there was an approved nomination for the position of Cook, as required by clause 187.233(3) of the Regulations. This clause mandates that the Minister must have approved the nomination, and that the nomination has not been subsequently withdrawn. The Tribunal also considered related requirements, including that the nominator must be the prospective employer, the position must still be available, and the visa application must be made within six months of the nomination's approval.

The Tribunal affirmed the decision to refuse the visas because the nominator, U N Holdings Pty Ltd, was deregistered on 6 October 2019, ceasing to exist as a legal entity. Consequently, there was no longer a person with standing to apply for or continue with an application for review of the refusal of the employer nomination. As a result, the Tribunal found it had no valid application for review before it and therefore no jurisdiction. This meant the original decision to refuse the employer nomination stood, and there was no approved employer nomination. The Tribunal also noted that it had exercised its discretion to hold a telephone hearing due to the COVID-19 pandemic, finding it fair, just, economical, and quick, and that the applicant had a fair opportunity to present their case.