ACE Demolition Pty Ltd (Migration)

[2020] AATA 2285

ACE Demolition Pty Ltd (Migration) [2020] AATA 2285 (17 April 2020)

DECISION RECORD

DIVISION:  Migration & Refugee Division

REVIEW APPLICANT:  Ace Demolition & Excavation Pty Ltd

VISA APPLICANT:  Mr Khaled Youssef

CASE NUMBER:  1816713

HOME AFFAIRS REFERENCE(S):          BCC2017/2339968, BCC20172339968

MEMBER:  Katie Malyon

DATE:  17 April 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

·cl.457.223(4)(a) of Schedule 2 to the

Regulations

Statement made on 17 April 2020 at 2:20 pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – Solid Plasterer ­– subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 457.223

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 on 6 June 2018 to refuse to grant the applicant, Lebanese national Mr Khalid Youssef, a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act). Mr Youssef applied for the visa on 30 June 2017.

2. The delegate refused to grant the visa on the basis that Mr Youssef did not meet cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994 (the Regulations) because he was not the subject of an approved nomination by his prospective employer, Ace Demolition & Excavation Pty Ltd (the Company). There was no approved nomination because, on 4 May 2018, the Department refused the nomination lodged by the Company in respect of Mr Youssef.

3. On 17 April 2020, in an oral decision, the Tribunal approved the nomination application made under r.2.72 of the Regulations by the Company in respect of the position of Solid Plasterer ANZSCO 333212 for nominee Mr Youssef. Accordingly, cl. 457.223(4)(a) of Schedule 2 to the Regulations is now met by Mr Youssef.

4. Given this finding, the appropriate course is to remit Mr Youssef’s Subclass 457 visa application to the Minister to consider remaining criteria for grant of the visa.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

   ·cl.457.223(4)(a) of Schedule 2 to the Regulations

   Katie Malyon
   Member

Case Number 1816713  Page 2 of 2