Clark (Migration)

[2018] AATA 3225

Clark (Migration) [2018] AATA 3225 (10 July 2018)

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Calum Blackledge Clark
Miss Megan Rachel Firmin-Guion

CASE NUMBER:  1618587

DIBP REFERENCE(S):  BCC2016/401911

MEMBER:Warren Stooke AM

DATE:10 July 2018

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 187 visa:

·cl.187.223 of Schedule 2 to the Regulations

The second named applicant meets the following criteria for a Subclass 187 visa:

·cl.187.311 of Schedule 2 to the Regulations

Statement made on 10 July 2018 at 3:04pm

CATCHWORDS
Migration – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – Evidence of skills assessment not provided to the Department – Evidence of skills assessment subsequently provided to the Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 5.19(4), Schedule 2, cls 187.223, 187.311

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 Regional Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 27 January 2016. The delegate refused to grant the visas on 4 November 2016.

2. The delegate made the decision on the basis that evidence of a skills assessment was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 27 June 2018 the Tribunal heard evidence from the HR Manager for Gecko Systems Pty Ltd concerning their application to have approved a nominated position for a Mechanical Fitter and Turner [ANZSCO 323212} at their Ballarat manufacturing site. The Tribunal as presently constituted determined that a genuine position existed and that the nominated position should be remitted to the Department for approval, as r.5.19(3) and r.5.19(4) had been satisfied. [Tribunal Case 1616315].

4. Further, the Tribunal in the present matter heard evidence from the nominee, who is a 27 year old from Devonshire in the United Kingdom and has attained Trade qualifications through the City of Guilds as a First Class Mechanical Fitter at the 3 and 4 Level.

5. The applicant provided evidence that he had worked for Gecko Systems Pty Ltd since January 2016 and is utilising his expertise in heavy industry and ship building in the UK (including the British Naval shipyards) with the current scope of work in the Production Planning Department. In this regard, the applicant stated that he applies his skills through the reading of technical drawings having considerable experience with surface ships, frigates, submarines and trains.

6. The applicant gave evidence that he uses his mechanical and fittings skills in his current position. It was also confirmed that he had undertaken a skills test in Australia through Victoria University [MEM30205 Certificate III in Engineering – Mechanical Trade] and was provided with the appropriate accreditation on 31 October 2016. He is intending to undertake post-trade studies in Australia to develop his skills and knowledge.

7. 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.

8. As the Tribunal remits the primary applicant for reconsideration the Tribunal is satisfied that the secondary applicant meets cl.187.311.

   DECISION

9. The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 187 visa:

   ·cl.187.223 of Schedule 2 to the Regulations and

   The second named applicant meets the following criteria for a Subclass 187 visa:

   ·cl.187.311 of Schedule 2 to the Regulations

   Warren Stooke AM
   Member