Garcia Gomez (Migration)

[2023] AATA 2254

Garcia Gomez (Migration) [2023] AATA 2254 (26 June 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Cristian Mauricio Garcia Gomez
Mrs Li-wen Chen

REPRESENTATIVE:  Mr Thomas Griffiths (MARN: 1387008)

CASE NUMBER:  1929472

HOME AFFAIRS REFERENCE(S):          BCC2018/966352

MEMBER:Angela Julian-Armitage

DATE AND TIME OF

ORAL DECISION AND REASONS:         26 June 2023 at 3:34 am (QLD time)

DATE OF WRITTEN RECORD:                10 July 2023

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, with the direction that, for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

·the first named applicant meets
cl. 187.233 of Schedule 2 to the Regulations: and

·the second named applicant meets
cl. 187.311 of Schedule 2 to the Regulations.

Statement made on 10 July 2023 at 11:43am

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – direct entry stream – housekeeping manager – subject of approved position nomination – refusal of related nomination application set aside – applicant’s qualifications, experience and work in position – member of family unit – decision under review remitted

LEGISLATION
Migration Regulations 1994 (Cth), Schedule 2, cl 187.233(3), 187.311

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs (“department”) on 2 October 2019 to refuse to grant the visa applicants Regional Employer Nomination (Permanent) Subclass 187 visas pursuant to the Migration Act 1958 (Cth) (the Act).

2. The applicants applied for a Class RN contained one subclass: Subclass 187 (Regional Sponsored Migration Scheme) visas on 28 February 2018.

3. The criteria for a Subclass 187 visa is contained in Part 187 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). The primary criteria must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria. Applicants seeking to satisfy the primary criteria must meet the 'Common criteria' as well as the criteria of one of two alternative visa streams: the Temporary Residence Transition stream, or the Direct Entry stream.

4. In the present case, the applicant seeks the Direct Entry stream visa to work in the nominated position of Housekeeping Manager in the occupation of Hotel Service Manager (ANZSCO Code 431411).

5. The delegate refused to grant the visa due to the applicant did not meet cl 187.233(3) of Schedule 2 to the Regulations as the employer’s nomination had been refused.

6. The applicant appeared before the Tribunal on 26 June 2023, accompanied by his representative, to give evidence and present arguments. 

7. At the conclusion of the hearing, this Tribunal made an oral decision and gave its reasons for the decision. The following is the written record of those reasons.

STATEMENT OF DECISION AND REASONS

1. In relation to the visa application made by Mr Chris Garcia Gomez, this Tribunal is satisfied that the visa applicant has the requisite qualifications to fill the position of Hotel Service Manager, having undertaken a Diploma of Hospitality and a Diploma of Business Management in Australia and had two years prior experience, in another hospitality business, prior to his role as a hotel service manager with Silk Hospitality Pty Ltd.

2. Therefore, and in light of the fact that the nomination was approved earlier, the primary and secondary visa applications are remitted the Department for reconsideration. 

DECISION

1. The Tribunal remits the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, with the direction that, for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

   · the first named applicant meets cl. 187.233 of Schedule 2 to the Regulations: and

   · the second named applicant meets cl. 187.311 of Schedule 2 to the Regulations.

Angela Julian-Armitage
Member