Ang (Migration)

[2021] AATA 5415

Ang (Migration) [2021] AATA 5415 (23 September 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Chee Yuen Ang

CASE NUMBER:  1920067

HOME AFFAIRS REFERENCE(S):          BCC2019/2481938

MEMBER:Sheridan Lee

DATE:23 September 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the requirements of cl 407.214 of Schedule 2 to the Migration Regulations 1994.

Statement made on 23 September 2021 at 11:37 am

CATCHWORDS
MIGRATION – Training (Class GF) visa – Subclass 407 (Training) – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 2.75A; Schedule 2, cl 407.214

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 applicant a Training (Class GF) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 10 May 2019. The delegate refused to grant the visa on 11 July 2019.

2. The delegate made the decision on the basis that the applicant was not named in a nominated program of training as required to satisfy cl 407.214 of Schedule 2 of the Migration Regulations 1994 (the Regulations).

3. The applicant appeared before the Tribunal via video on 11 August 2021 to give evidence and present arguments. The Tribunal also received oral evidence from Ms Julie Ho, Group Manager for the K & S Group, on behalf of the applicant’s nominating employer.

4. K & S Food Services Pty Ltd applied for approval to nominate Ms Chee Yuen Ang for a training position on 10 May 2019. The nomination application was refused by a delegate of the Minister for Immigration on 11 June 2019 and the company applied to the Tribunal for merits review of that decision. On 23 September 2021, the Tribunal set aside the decision under review and substituted it with a decision approving the nomination.

5. The Tribunal can confirm that the approval of the nomination has not ceased under r 2.75A and that there is no adverse information known to immigration about the sponsor or a person associated with the sponsor.

6. As such, he application now meets the requirements of r 407.214 of Schedule 2 of the Regulations. In light of the new evidence, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the requirements of cl 407.214 of Schedule 2 to the Migration Regulations 1994.

   Sheridan Lee
   Member