Galabada Arachchilage (Migration)

[2018] AATA 5613

Galabada Arachchilage (Migration) [2018] AATA 5613 (9 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Suranga Anuruddha Perera Galabada Arachchilage

CASE NUMBER:  1819177

DIBP REFERENCE(S):  BCC2017/2130084

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:          9 October 2018 at 11:12 am (VIC time)

DATE OF WRITTEN RECORD:                9 October 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 09 October 2018 at 4:10pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream – cook – nomination application withdrawn – not subject of approved nomination – application under review affirmed

LEGISLATION
Migration Act 1958
Migration Regulations 1994, Schedule 2, cl 186.223

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 15 June 2018 to refuse to grant the visa applicant an  Employer Nomination (Permanent) Subclass 186 visa under the Migration Act 1958 (the Act). The applicant applied to this Tribunal for review of the primary decision on 2 July 2018.

2. In the present case, the applicant is seeking the visa in the Temporary Residence Stream to work in the nominated position of a cook.

3. According to the primary decision record provided to the Tribunal by the applicant, the nomination application lodged by Renex Pty Ltd was withdrawn. On 17 May 2018, the Department wrote to the applicant inviting him to comment on the nomination refusal. On 14 June 2018, the applicant’s agent informed the Department that the applicant does not wish to withdraw his visa application. 

4. In his evidence, the applicant confirmed that the nomination application lodged by Renex Pty Ltd was withdrawn and that, at the time of the Tribunal decision, he is not the subject of an approved nomination.

5. At the hearing on 9 October 2018 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

6. Based on the evidence before it, the Tribunal finds that the appointment mentioned in subclause 186.223 lodged by Renex Pty Ltd on behalf of the applicant, has not been approved at the time of the Tribunal’s decision. As a result, the Tribunal finds that the applicant does not meet the requirements of clause 186.223(2) at the time of its decision. It follows that the applicant does not meet the requirements of vcl.186.223 to the Migration Regulations.

7. The applicant has only sought to satisfy the criteria for a Subclass 186 visa in the Temporary Residence Transition stream. No claims have been made in respect of the other visa streams. As the requirements that must be met by a person seeking the visa in the Temporary Residence Transition stream have not been met, the decision under review must be affirmed.

   DECISION

8. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member