Kuemmel (Migration)

[2019] AATA 2097

Kuemmel (Migration) [2019] AATA 2097 (24 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sebastian Kuemmel

CASE NUMBER:  1817926

DIBP REFERENCE(S):  BCC2017/3722211

MEMBER:Katie Malyon

DATE:24 April 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 186 visa:

·cl.186.233(3) of Schedule 2 to the Regulations

Statement made on 24 April 2019 at 12:49 pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) Visa – Subclass 186 – ICT Account Manager – tribunal approved the nomination – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, r 5.19, Schedule 2, cl 186.233

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, German national Mr Sebastian Kuemmel, an Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act).  Mr Kuemmel applied for the visa on 11 October 2017.  

2. The delegate refused to grant the visa on 14 June 2018 on the basis that cl.186.233 of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not met because Mr Kuemmel was not the subject of an approved nomination by his nominator Emarsys Pty Ltd (Emarsys).  There was no approved nomination because, on 20 February 2018, the Department had refused the related nomination application lodged by Emarsys.

3. On 24 April 2019, the Tribunal held a hearing in relation to refusal of the nomination made by Emarsys (Matter No. 1806683). Following the hearing, the Tribunal made an oral decision. It set aside the delegate’s decision of 20 February 2018 and, instead, approved the nomination made under r.5.19(4) of the Regulations by Emarsys in respect of the position of ICT Account Manager ANZSCO 225211 for nominee Mr Kuemmel. Accordingly, cl.186.233(2) of Schedule 2 to the Regulations is now met by Mr Kuemmel.

4. Given this finding, the appropriate course is to remit Mr Kuemmel’s Subclass 186 visa application to the Minister to consider remaining criteria for grant of the visa.

   DECISION

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

   ·cl.186.233(3) of Schedule 2 to the Regulations

   Katie Malyon

   
   Member