KOIRALA (Migration)

[2022] AATA 1139

KOIRALA (Migration) [2022] AATA 1139 (18 February 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Madan KOIRALA
Mrs Mamata KOIRALA

CASE NUMBER:  1836746

HOME AFFAIRS REFERENCE(S):          BCC2017/4537893

MEMBER:Katie Malyon

DATE:18 February 2022

PLACE OF DECISION:  Sydney

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

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

Statement made on 18 February 2022 at 2:39 pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – Management Accountant – subject of an approved nomination – 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 Home Affairs to refuse to grant the applicants Temporary Business Entry (Class UC) visas under s.65 of the Migration Act 1958 (the Act).  The applicants applied for the visas on 30 November 2017.  The delegate refused to grant the visas on 27 November 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 the primary applicant, Nepalese national Mr Madan Koirala, was not the subject of an approved nomination by his current employer and proposed sponsor, Australian Harvard International College Pty Ltd T/A Harbour College (the Company).

3. The Tribunal held a combined hearing of both the delegate’s refusal of the Company’s nomination (Tribunal No. 1830840) and the consequent refusal of the applicants’ Subclass 457 visa application.  The hearing was held by way of MS Teams videoconference in light of the COVID-19 pandemic.

4. On 18 February 2022, the Tribunal approved the nomination made by the Company in respect of Mr Koirala for the nominated occupation of Management Accountant ANZSCO 221112. Accordingly, the requirements in cl.457.223(4)(a) of the Regulations are now met.

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

   DECISION

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

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

   Katie Malyon

   
   Member