Couprie (Migration)

[2024] AATA 128

Couprie (Migration) [2024] AATA 128 (11 January 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Kevin Alain Couprie
Mrs Cindy Michelle Christiane ZORZI

REPRESENTATIVE:  Mr Ramneek Madahar (MARN: 0428459)

CASE NUMBER:  2003981

HOME AFFAIRS REFERENCE(S):          BCC2019/5842570

MEMBER:Jessica Henderson

DATE:11 January 2024

PLACE OF DECISION:  Perth

DECISION:The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 482 visa:

·cl 482.212(1) of Schedule 2 to the Regulations

Statement made on 11 January 2024 at 5:56pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 482.212

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 applicants GK – Temporary Skill Shortage (Class GK) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 18 November 2019. The delegate refused to grant the visas on 24 February 2020.

2. The delegate made the decision on the basis that the prospective employer, A.T Heta & P.N Kaye did not have an approved nomination for the applicant.

3. On 11 January 2024 the Tribunal set aside the Department’s decision not to approve the applicant’s nomination, and substituted it with a decision that the nomination was approved. In light of the new circumstances, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

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

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 482 visa:

   ·cl 482.212(1) of Schedule 2 to the Regulations

   Jessica Henderson
   Member