Jiang (Migration)

[2020] AATA 43

Jiang (Migration) [2020] AATA 43 (6 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Yijiao Jiang

CASE NUMBER:  1707035

DIBP REFERENCE(S):  BCC2016/3336683

MEMBER:Andrew McLean Williams

DATE:06 January 2020

PLACE OF DECISION:  Brisbane

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

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

Statement made on 06 January 2020 at 5:01pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – employer’s position nomination refused – refusal set aside on review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2, cl 186.223(2)

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 Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 8 September 2016. The delegate refused to grant the visa on 3 April 2017.

2. The delegate made the decision on the basis that on 23 February 2017 the nomination lodged by Junior Club Catering Pty Ltd, being the nomination referred to in paragraph 186.223(1) had been refused by a delegate of the Minister.

3. On 6 January 2020 the Tribunal set aside the decision made on 23 February 2017 refusing the nomination lodged by Junior Club Catering Pty Ltd and substituted a decision approving the nominated position.  In light of that decision, the Tribunal is satisfied that the present applicant is now able to satisfy the requirement in clause 186.223(2) and has concluded that the matter should be remitted to the Department in order for the matter to be placed before a delegate of the Minister for reconsideration.

   DECISION

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

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

   Andrew McLean Williams
   Member