Kanevskiy (Migration)

[2019] AATA 2468

Kanevskiy (Migration) [2019] AATA 2468 (10 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Konstantin Kanevskiy

CASE NUMBER:  1814478

DIBP REFERENCE(S):  BCC2016/2859709

MEMBER:Katie Malyon

DATE:10 May 2019

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 187 visa:

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

Statement made on 10 May 2019 at 1:35 pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) visa – Subclass 187 (Regional Sponsored Migration Scheme) – Chef de Partie – nomination refused – decision substituted – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 Immigration to refuse to grant the applicant, Israeli national Mr Konstantin Kanevskiy, a Regional Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act).  

2. Mr Kanevskiy applied for the visa on 29 August 2016.  

3. The delegate refused to grant the visa on 30 April 2018 on the basis Mr Kanevskiy did not meet cl.187.233(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the nomination made by his employer, Mulpha Hotel Pty Ltd (the Company), was not approved.

4. On 10 May 2019, the Tribunal approved the nomination made by the Company for the position of Chef de Partie in respect of Mr Kanevskiy under r.5.19(4) of the Regulations. Accordingly, cl.187.233(3) of Schedule 2 of the Regulations is now met.

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

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 187 visa:

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

   Katie Malyon

   
   Member