Dhruv (Migration)

[2018] AATA 3557

Dhruv (Migration) [2018] AATA 3557 (13 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Subhangini Mihirkumar Dhruv
Mr Mihirkumar Ajitkumar DHRUV
Master Daivik Mihir Dhruv

CASE NUMBER:  1701587

DIBP REFERENCE(S):  BCC2015/4044232

MEMBER:Warren Stooke AM

DATE:13 August 2018

PLACE OF DECISION:  Melbourne

DECISION:    

The Tribunal remits the application 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 Tribunal remits the application for reconsideration, with the direction that the second named applicants meet the following criteria for a Subclass 187 visa:

·cl.187.311 of Schedule 2 to the Regulations

Statement made on 13 August 2018 at 3:47pm

CATCHWORDS
Migration – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – Temporary Residence Transition stream – Requirement to be subject of an approved nomination – Nomination previously refused by delegate – Nomination subsequently approved by Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 187.223

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 24 December 2015. The delegate refused to grant the visas on 20 January 2017.

2. The delegate made the decision on the basis that the criteria applying to the application made by the nominating sponsor had not been met and thereby the application was not approved. As such, the supporting material of the nominating sponsor and position was not provided, as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 5 July 2018, the applicant appeared before the Tribunal with the nominating sponsor [Tribunal Case 1621535] and gave evidence in support of the nominating sponsor’s case.

4. On 13 August 2018, the Tribunal made a decision to remit the nominating sponsors application to the Department for reconsideration [Tribunal Case 1621535].

5. The applicant provided the following evidence:

   ·The applicant arrived in Australia in 2008 and has successfully completed a Diploma of Community Welfare;

   ·The applicant has worked in Alice Springs with indigenous people in the disability health care area for two years prior to gaining employment with Community for Care Pty Ltd;

   ·The applicant has experience in service help for people with disabilities and she currently looks after clients in Gippsland;

   ·The applicant organises and assesses care needs and provides training for caregivers;

   ·The applicant supervises two courses of training, namely Seniors Gem and Disability for Care Givers for both the client and their families;

   ·The applicant liaises with contract caregivers and case officers, where she works on behalf of the client (being the patient);

6. The Tribunal is satisfied that the applicant has sound experience and skill in this critical area of health support in the Disability area. She gave evidence that she knows how difficult it is with experience within her own family of disability.

7. In light of the new evidence received, following the remittal of the nominated sponsors’ application, the Tribunal is satisfied that the criterion is met and has concluded that the matter should also be remitted for reconsideration.

8. On the basis that the primary applicant’s application is remitted for reconsideration, the Tribunal is satisfied that the secondary applicants meet the requirements for the grant of a secondary visa.

   DECISION

9. The Tribunal remits the application 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

10. The Tribunal remits the application for reconsideration, with the direction that the second named applicants meet the following criteria for a Subclass 187 visa:

    ·cl.187.311 of Schedule 2 to the Regulations

    Warren Stooke AM
    Member