Harpreet Kaur (Migration)

[2020] AATA 4071

Harpreet Kaur (Migration) [2020] AATA 4071 (28 August 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Harpreet Kaur
Mr Harwinder Singh

CASE NUMBER:  1922666

HOME AFFAIRS REFERENCE(S):          BCC2018/920052

MEMBER:Katie Malyon

DATE:28 August 2020

PLACE OF DECISION:  Sydney

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

·cl.187.233(3) of Schedule 2 to the Regulations.

Statement made on 28 August 2020 at 2:36 pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) – Subclass 187 – Direct Entry stream – Retail Manager – tribunal approved nomination application –subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, r 5.19, Schedule 2, cl 187.233

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 Regional Employer Nomination (Permanent) (Class RN) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 26 February 2018.  At the time of application, Class RN contained one subclass: Subclass 187 (Regional Sponsored Migration Scheme).

3. Criteria for a Subclass 187 visa are set out in Part 187 of Schedule 2 to the Migration Regulations 1994 (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 2 alternative visa streams: the Temporary Residence Transition stream, or the Direct Entry stream.

4. In the present case, the first named applicant - Mrs Harpreet Kaur - is seeking the visa in the Direct Entry stream to work in the nominated position of Retail Manager (General) ANZSCO 142111.

5. The delegate refused to grant the visas on the basis Mrs Kaur did not meet cl.187.233(3) of Schedule 2 to the Regulations because the nomination made by her employer, Nanak Petroleum Pty Ltd T/A BP Coolongolook (the Company), was not approved.

6. On 28 August 2020, the Tribunal approved the nomination made by the Company for the position of Retail Store Manager in respect of Mrs Kaur under r.5.19(4) of the Regulations. Accordingly, cl.187.233(3) of Schedule 2 of the Regulations is now met.

7. Given this finding, the appropriate course is to remit the visa application to the Minister to consider remaining criteria for the visa.

8. The second named applicant, Mr Harwinder Singh, applied for his visa on the basis of being a member of the family unit of Mrs Kaur.  Accordingly, his application will be determined by reference to the outcome of Mrs Kaur’s application on remittal to the Department for reconsideration.

   DECISION

9. The Tribunal remits the applications Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

   ·cl.187.233(3) of Schedule 2 to the Regulations.

   Katie Malyon

   
   Member