Jozwiak (Migration)

This matter concerned an appeal by a visa applicant against a decision to refuse Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) – Direct Entry stream. The nominated position was Accountant (General) ANZSCO 221111. The Tribunal was required to determine whether the visa applicants met the criteria for the grant of these visas, with a particular focus on the nomination requirements.

The central legal issue before the Tribunal was whether the nominated position met the requirements of clause 187.233 of the Migration Regulations. This clause mandates, among other things, that the position must have been the subject of an approved nomination application, that the employer is the nominator, that the nomination has not been withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information is reasonable to disregard), that the position remains available, and that the visa application was made within six months of the nomination's approval. The Tribunal also considered whether the secondary applicant met the definition of a family unit member.

The Tribunal found that while the employer was the nominator and the position was declared, the crucial element of an approved nomination was absent. The Tribunal had previously affirmed a decision refusing the approval of the nomination for the position on 1 May 2019. Consequently, the Tribunal put to the applicant that without an approved nomination, the essential criteria under clause 187.233(3) could not be satisfied. Furthermore, the Tribunal determined that the spouse of the primary applicant did not qualify as a member of the family unit of a person who had been granted a Subclass 187 visa based on satisfying the primary criteria.

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