Triwal (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The primary applicant, Mrs Amandeep Kaur Triwal, sought the visa for the position of Salon Manager, which had been nominated by Elegant Eyebrows Pacific Fair Pty Ltd. The secondary applicant, Mr Suresh Kumar Dhingra, applied as a member of Mrs Triwal's family unit. The Administrative Appeals Tribunal (AAT) was required to consider whether the applicants met the relevant visa criteria, particularly in light of the initial refusal of the nomination application and subsequent divorce of the primary and secondary applicants.

The central legal issues before the Tribunal were whether the nominated position met the requirements of clause 187.233 of Schedule 2 to the Regulations, and the status of the secondary applicant as a member of the family unit given the applicants' divorce. Specifically, the Tribunal had to determine if the nomination had been approved, if the position was still available, and if the visa application was made within the prescribed timeframe. Furthermore, the Tribunal needed to assess the impact of the divorce on Mr Dhingra's eligibility as a secondary applicant, and whether there was sufficient evidence to support the claimed divorce and its timing.

The Tribunal found that the nomination for the Salon Manager position had been approved by the AAT on 16 January 2023, thereby satisfying clause 187.233(3). Regarding the secondary applicant, the Tribunal noted oral evidence suggesting the applicants were divorced approximately two and a half years prior. However, the Tribunal found there was no concrete evidence before it to substantiate this claim, nor had the applicants formally sought to remove Mr Dhingra from the application. Consequently, the Tribunal retained jurisdiction over Mr Dhingra's application.

Given these findings, the Tribunal remitted the visa application to the Minister for reconsideration. The Tribunal directed that the first named applicant, Mrs Amandeep Kaur Triwal, meets the criteria under clause 187.233(3) of Schedule 2 to the Regulations. The application of Mr Suresh Kumar Dhingra will be determined by reference to the outcome of Mrs Triwal’s application upon remittal.