Aldabalde Cufre (Migration)

[2018] AATA 2038

Aldabalde Cufre (Migration) [2018] AATA 2038 (13 April 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Pablo Nicolas Aldabalde Cufre

CASE NUMBER:  1712424

DIBP REFERENCE(S):  BCC216/3241965

MEMBER:Mark Bishop

DATE:13 April 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

·cl.187.233(3) of Schedule 2 to the Regulations

Statement made on 13 April 2018 at 11:32am

CATCHWORDS
Migration – Regional Employer Nomination (Permanent) –Subclass 187 – Direct Entry Nomination stream – Café or Restaurant Manager ANZSCO 141111 – Nomination approved – cl 187.233 – Decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 187.233

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 Immigration and Border Protection to refuse to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 29 September 2016. At the time of application, Class RN contained one subclass: Subclass 187 (Regional Sponsored Migration Scheme).

3. The criteria for a Subclass 187 visa are set out in Part 187 of Schedule 2 to the Migration Regulations 1994 (the Regulations). The primary criteria must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria. Applicants seeking to satisfy the primary criteria must meet the 'Common criteria', as well as the criteria of one of three alternative visa streams: the Temporary Residence Transition stream, the Direct Entry stream, or the Agreement stream.

4. In the present case, the applicant is seeking the visa in the Direct Entry stream, to work in the nominated position of Café or Restaurant Manager (ANZSCO position number 141111). This stream is designed for persons who have never, or have only briefly worked in the Australian labour market and are applying for the visa outside Australia, or are applying from inside Australia but are not eligible for the Temporary Residence Transition stream.

5. The delegate refused to grant the visa because the applicant did not meet cl.187.233(3)

6. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

7. On 13 April 2018 the Tribunal approved the nomination in respect of Mr Pablo Nicolas ALDABALDE CUFRE under r.5.19(4) of the regulations made by his employer Lorne Central Pty Ltd in Matter number 1709933. Accordingly, Mr Pablo Nicolas ALDABALDE CUFRE now meets cl.187.233(3) of Schedule 2 of the Regulations.

8. Given these findings, the appropriate course is to remit the visa application to the Minister to consider the remaining criteria for the visa.

   DECISION

9. The Tribunal remits the application for a Regional Employer Nomination (Permanent) (Clas RN) visa for reconsideration, with the direction that the applicant meets the following criteri for a Subclass 187 (Regional Sponsored Migration Scheme) visa

   • cl.187.233(3) of Schedule 2 to the Regulations.

   Mark Bishop
   Member