Ali (Migration)

[2019] AATA 2152

Ali (Migration) [2019] AATA 2152 (29 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Muhammad Ali
Mrs Afsheen Ali
Master Meesam Ali
Miss Rhyme Ali

CASE NUMBER:  1803580

DIBP REFERENCE(S):  BCC2017/1311686

MEMBER:Warren Stooke AM

DATE:29 March 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

·cl.186.223 of Schedule 2 to the Regulations

Statement made on 29 March 2019 at 12:09pm

CATCHWORDS

MIGRATION – Employer Nomination (Permanent) – Subclass 186 – Employer Nomination Scheme – approved standard business sponsor – new evidence – combined with other applicants related to the same standard business sponsor and nominee – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994, Schedule 2, cl 186.311

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 to refuse to grant the applicants Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 7 April 2017. The delegate refused to grant the visas on 31 January 2018.

2. The delegate made the decision on the basis that evidence of the applicant not having an approved standard business sponsor, at the time of review of the application as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. At the request of the applicant, this matter was combined with Case 1608894 and Case 1731212 for the purposes of the hearing, which related to the same standard business sponsor and nominee.

4. On 29 March 2019 the Tribunal determined the standard business sponsor’s application for nomination relating to the applicant in Case Matters 1608894 and 1731212 with a decision to substitute the decisions of the delegate to the Minister. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

5. On the basis that the primary applicant meets the criteria, the Tribunal is satisfied that the secondary applicants meet cl.186.311.

   DECISION

6. The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

   ·cl.186.223 of Schedule 2 to the Regulations

   Warren Stooke AM
   Member