Alinga Paramba (Migration)

[2017] AATA 3155

Alinga Paramba (Migration) [2017] AATA 3155 (16 February 2017)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Mr Ashraf Alinga Paramba

CASE NUMBER:  1516478

DIBP REFERENCE(S):  BCC2014/3095714

MEMBER:  Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:          16 February 2017 at 11:12 am (VIC time)

DATE OF WRITTEN RECORD:               5 April 2017

PLACE OF DECISION:  Melbourne

DECISION:  The Tribunal affirms the decision under review.

Statement made on 05 April 2017 at 5:05pm

CATCHWORDS
Migration – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – Requirement for applicant to be subject of an approved nomination – Applicant not subject of an approved nomination – Decision affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 65, 140GB, 359A
Migration Regulations 1994 (Cth), Schedule 2, cl 457.223(4)(a)

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 16 November 2015 to refuse to grant the visa applicant a Temporary Business Entry (Class UC) Subclass 457 visa under the Migration Act 1958 (the Act).

1. The applicant was nominated by Biriyani House Pty Ltd for a position of a Cook. The nomination application made by Biriyani House Pty Ltd was refused by the Department on 5 October 2015.

1. Biriyani House Pty Ltd applied for review of this decision at the Tribunal on 22 October 2015. On 1 January 2017 this Tribunal affirmed the decision not to approve nomination made by Biriyani House Pty Ltd.

1. On 13 January 2017, the tribunal wrote to the applicant pursuant to s.359A of the Act inviting the applicant to comment on or respond to the above information. On 20 January 2017, the applicant provided his comments on or response to the information.

1. During the course of the hearing the applicant confirmed in his evidence that, at the time of the tribunal decision, he is not the subject of an approved business nomination that has not ceased.

1. At the hearing on 16 February 2017, the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

STATEMENT OF DECISION AND REASONS

1. Based on the evidence that I have before me, including your oral evidence, I am not satisfied that you meet the requirements of clause 457.223 (4)(a) which requires that you have an approved nomination under section 140GB by a standard business sponsor, and that nomination has not ceased. Accordingly, as you do not have an approved nomination, you are not subject to an approved nomination, I am affirming the decision made by the Department on 16 November 2015 not to grant you this visa.

DECISION

1. The Tribunal affirms the decision under review.

Antonio Dronjic Member

Case Number 1516478  Page 2 of 2