Abdullaev (Migration)

[2023] AATA 4426

Abdullaev (Migration) [2023] AATA 4426 (17 November 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Sardor Abdullaev
Master Temurshokh Khasanov
Mrs Nigora Isomiddinova
Master Mironshokh Khasanov

REPRESENTATIVE:  Mr George Lombard

CASE NUMBER:  1935550

HOME AFFAIRS REFERENCE(S):          BCC2019/5270649

MEMBER:Katie Malyon

DATE:17 November 2023

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 482 visa:

·cl 482.212(1) of Schedule 2 to the Regulations.

Statement made on 17 November 2023 at 10:07 am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – Painter Trades Worker – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 482.212

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicants GK – Temporary Skill Shortage (Class GK) visas under s 65 of the Migration Act 1958 (Cth) (the Act).  

2. The applicants applied for the visas on 21 October 2019.  On 29 November 2019, the delegate refused to grant the visas on the basis that that cl 482.212(1) of Schedule 2 to the Regulations was not met because the first named review applicant, Mr Sardor Abdullaev, was not the subject of an approved nomination made by his employer and sponsor Rafael’s Painting and Maintenance Pty Ltd (the Company).

3. On 17 November 2023, the Tribunal approved the nomination made by the Company in respect of Mr Abdullaev for the nominated occupation of Painter Trades Worker ANZSCO 332211.  The Company is currently an approved work sponsor.  Its sponsorship is valid to 21 October 2024.  Accordingly, the cumulative requirements of cl.482.212(1) of Schedule 2 to the Regulations are now met. 

4. Given the Tribunal’s finding that the requirements of cl 482.212(1) of Schedule 2 to the Regulations are met, the appropriate course is to remit Mr Abdullaev’s application for the visa to enable the Department to consider the remaining criteria for grant of a Subclass 482 visa.

5. The second, third and fourth named applicants - Master Temurshokh Khasanov, Mrs Nigora Isomiddinova and  Master Mironshokh Khasanov - applied for their visas on the basis of being a member of the family unit of Mr Abdullaev.  Accordingly, their visa applications will be determined by reference to the outcome of Mr Abdullaev’s application on remittal to the Department for reconsideration.

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 482 visa:

   ·cl 482.212(1) of Schedule 2 to the Regulations.

   Katie Malyon

   
   Member