GREWAL (Migration)

[2021] AATA 3704

GREWAL (Migration) [2021] AATA 3704 (14 July 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Sukhvir Singh Grewal
Mrs Rajveer Kaur Rajveer Kaur
Master Avvynoor Singh Grewal

CASE NUMBER:  1818143

HOME AFFAIRS REFERENCE(S):          BCC2017/1457406

MEMBER:Katie Malyon

DATE:14 July 2021

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

·cl.186.223(2) of Schedule 2 to the Regulations.

Statement made on 14 July 2021 at 1:48 pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Transport Company Manager – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 5.19; Schedule 2, cl 186.223

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 Home Affairs to refuse to grant the applicants Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act).  The applicants applied for the visas on 21 April 2017.

2. The delegate refused to grant the visas on 11 June 2018 on the basis that the first named applicant, Indian national Sukhvir Singh Grewal, was not the subject of an approved nomination as required for grant of the visa under cl.186.223 of Schedule 2 to the Migration Regulations 1994 (the Regulations).  This arose because the related nomination application made by his employer and sponsor, Kapoor Transport Pty Ltd (the Company) in respect of the position of Transport Company Manager ANZSCO 149413 for Mr Grewal, was refused.  Mr Grewal has been working in the role sponsored by the Company since May 2013.

3. On 14 July 2021, the Tribunal approved the nomination application made under r.5.19(3) of the Regulations by the Company in respect of Mr Grewal for the position of Transport Company Manager ANZSCO 149413 (Tribunal Case No. 1813728). Accordingly, cl.186.223(2) of Schedule 2 to the Regulations is now met by Mr Grewal.

4. Given this finding, the appropriate course is to remit Mr Grewal’s Subclass 186 visa application to the Minister to consider remaining criteria for grant of the visa. 

5. The second named applicant, Mrs Rajveer Kaur Rajveer Kaur, and the third named applicant, Master Avvynoor Singh Grewal, applied for their Subclass 186 visas on the basis of being a member of the family unit of Mr Grewal.  As such, their applications will be determined by reference to the outcome of Mr Grewal’s application on remittal to the Department for reconsideration.

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

   ·cl.186.223(2) of Schedule 2 to the Regulations.

   Katie Malyon

   
   Member