KOWALSKA (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to have a decision affirmed that refused to grant the visa. The core of the dispute revolved around the applicant's failure to meet a specific criterion related to an approved nomination for the position.

The Tribunal was required to determine whether the applicant met the requirements of clause 187.233 of the Migration Regulations, specifically subclause (3) which mandates that the Minister has approved the nomination. This involved considering whether the nomination application lodged by Konrad Greczynski, trading as Conrad Care Painting, had been approved and had not been subsequently withdrawn. The Tribunal also had to consider whether the applicant had been given an opportunity to respond to adverse information that might affect the assessment of the nomination.

The Tribunal affirmed the delegate's decision to refuse the nomination application on 24 March 2016. Subsequently, on 17 October 2018, the Tribunal affirmed this refusal. The Tribunal then notified the applicant of this outcome and invited comments, explaining that if the nomination remained unapproved, the applicant would not meet the visa criterion. As the applicants did not respond to this invitation, the Tribunal concluded that the applicant did not meet clause 187.233(3).

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