Ird (Migration)

[2021] AATA 448

Ird (Migration) [2021] AATA 448 (24 February 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Anni Ird

CASE NUMBER:  1823187

HOME AFFAIRS REFERENCE(S):          BCC2017/1531649

MEMBER:Katie Malyon

DATE:24 February 2021

PLACE OF DECISION:  Sydney

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 24 February 2021 at 10:28 am

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – standard business sponsorship stream – subject of approved position nomination – refusal of related nomination application set aside on review – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 457.223(4)(a)

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 applicant, Estonian national Anni Ird, a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act).  Ms Ird applied for the visa on 27 April 2017.  The delegate refused to grant the visa on 8 August 2018.

2. The delegate made the decision to refuse the visa application on the basis that cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not met because Ms Ird was not the subject of an approved nomination by her employer and approved standard business sponsor CCS Operating Co Pty Ltd ATF the JV Retail Trust T/A Andiamo Trattoria Summer Hill (the Company).

3. On 24 February 2021, the Tribunal approved the nomination made by the Company in respect of Ms Ird for the nominated occupation of Restaurant Manager ANZSCO 141111. Accordingly, the requirements of cl.457.223(4)(a) of the Regulations are now met.

4. Given the Tribunal’s finding that the requirements of cl.457.223(4)(a) of the Regulations are met, the appropriate course is to remit Ms Ird’s application for the visa to the Minister to consider the remaining criteria for a Subclass 457 visa.

   DECISION

5. 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

   Katie Malyon

   
   Member