Angeleski (Migration)

[2021] AATA 4112

Angeleski (Migration) [2021] AATA 4112 (25 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Stefan Angeleski

CASE NUMBER:  1907524

HOME AFFAIRS REFERENCE(S):          BCC2018/3148080

MEMBER:Mary Sheargold

DATE:25 August 2021

PLACE OF DECISION:  Melbourne

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

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

Statement made on 25 August 2021 at 4:01pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – member of a family unit – primary review applicant’s visa application remitted – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 457.223, 482.312

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 GK – Temporary Skill Shortage (Class GK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 21 August 2018. The delegate refused to grant the visa on 25 March 2019.

2. The delegate made the decision on the basis that the applicant did not meet cl.482.312 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because he was not the member of a family unit of a person (the primary applicant) who held a Subclass 457 visa or a Subclass 482 visa.

3. The applicant is the secondary applicant for an application made by his father, Mr Yordan Angeleski, for a Subclass 457 visa. Mr Angeleski’s application was refused on the basis that he did not meet cl.457.223(4)(da) of Schedule 2 to the Regulations. Mr Angeleski appealed that decision to the Tribunal, and the Tribunal recently made its decision in relation to that application. That application carried Tribunal case number 1901581, Department reference BCC2018/860038.

4. On 27 July 2021, the Tribunal remitted Mr Angeleski’s Subclass 457 visa application, and that of his daughter, Nicola Angeleski, to the Department for reconsideration on the basis that Mr Angeleski met cl.457.223(4)(da) of Schedule 2 to the Regulations. In light of this, the Tribunal has concluded that the appropriate course is to remit this application for reconsideration alongside reconsideration of Mr Angeleski’s application.

5. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

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

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

   Mary Sheargold
   Member