He (Migration)

[2019] AATA 2910

He (Migration) [2019] AATA 2910 (16 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Yue He

CASE NUMBER:  1803238

DIBP REFERENCE(S):  BCC2016/2880168

MEMBER:Karen Synon

DATE:16 May 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

·cl.457.223(4)(a) of Schedule 2 to the Regulations

Statement made on 16 May 2019 at 2:17pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – subject of an approved nomination – nomination application now approved by the Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 457.223

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 applicant a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act).  The applicant applied for the visa on 30 August 2016.  The delegate refused to grant the visa on 19 January 2018.

2. The delegate refused to grant the visas on 19 January 2018 on the basis that cl.457.223(4)(a) was not met because the applicant was not the subject of an approved nomination.

3. The applicant was represented in relation to the review by his registered migration agent.

4. On 16 May 2019 the Tribunal set aside the decision of the department to refuse the nomination for the occupation of ‘Sales and Marketing Manager’ lodged by Lucretia Lighting in respect of the applicant, and substituted a decision that the nomination is approved.

5. Therefore, at the time of this decision, there is an approved nomination in respect of the applicant and for this reason the requirements of cl.457.223(4)(a) are met.

6. Given this finding, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 457 visa.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

   ·cl.457..223(4)(a)of Schedule 2 to the Regulations

   Karen Synon
   Member