Cribbin (Migration)

[2019] AATA 4642

Cribbin (Migration) [2019] AATA 4642 (16 September 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Jonathan Alexander Cribbin
Ms Ann Amy O'Reilly

CASE NUMBER:  1815627

DIBP REFERENCE(S):  BCC2017/2028855

MEMBER:Andrew George

DATE:16 September 2019

PLACE OF DECISION:  Darwin

DECISION:The Tribunal remits the application for Temporary Business Entry (Class UC) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 457 visa:

·Cl.457.223(4)(a) of Schedule 2 to the Regulations.

Statement made on 16 September 2019 at 5:09pm

CATCHWORDS

MIGRATION – Temporary Business Entry (Class UC) – Subclass 457 (Temporary Work (Skilled)) – no approved nomination – nomination approved – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 457.223(4)(a)

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 on 21 May 2018 to refuse to grant the visa applicant a Temporary Business Entry (Class UC) Subclass 457 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 8 June 2017. The delegate refused to grant the visa. The primary applicant was not the subject of an approved nomination. The secondary applicant did not provide claims against the primary criteria for the subclass 457 visa.

3. The primary applicant appeared before the Tribunal on 30 May 2019 to give evidence and present arguments. This was a combined hearing with case number 1812730.

4. The primary applicant was represented in relation to the review by its registered migration agent, Dr Simone Dickenson (MARN: 1173899), who did not appear at the hearing.

5. For the reasons contained in the decision of case number 1812730 dated 16 September 2019, the Tribunal has set aside the decision not to approve the nomination and has substituted a decision that the nomination is approved.

6. Clause 457.223(4)(a) requires that there is an approved nomination of an occupation relating to the primary applicant by a standard business sponsor that has not ceased. The Tribunal finds that there is now an approved nomination in respect of the primary applicant that has not ceased. The Tribunal notes from its decision in case number 1812730 that the nominator is an approved standard business sponsor until 3 July 2022. The Tribunal is therefore satisfied that the nomination was made by a person who was a standard business sponsor at the time the nomination was approved. For these reasons the requirements of cl.457.223(4)(a) are met.

7. The Tribunal considers that the secondary applicant should be reconsidered in light of its findings about the primary applicant.

   DECISION

8. The Tribunal remits the application for Temporary Business Entry (Class UC) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 457 visa:

   •          cl.457.223(4)(a) of Schedule 2 to the Regulations.

   Andrew George
   Member