LAWLESS (Migration)

[2019] AATA 3023

LAWLESS (Migration) [2019] AATA 3023 (7 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr GAVIN MICHAEL LAWLESS

CASE NUMBER:  1620059

DIBP REFERENCE(S):  BCC2016/1282885

MEMBER:Warren Stooke AM

DATE:7 May 2019

PLACE OF DECISION:  Melbourne

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

·cl.187.223 of Schedule 2 to the Regulations

Statement made on 07 May 2019 at 4:22pm

CATCHWORDS

MIGRATION – Regional Employer Nomination (Permanent) visa – Subclass 187 – no approved standard business sponsor – tribunal approved business sponsorship – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994, Schedule 2, cl 187.223

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 Immigration to refuse to grant the applicant a Regional Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 25 March 2016. The delegate refused to grant the visa on 7 November 2016.

2. The delegate made the decision on the basis that evidence of the applicant did not satisfy cl.187.223 of Schedule 2 of the Regulations because the applicant did not have, at the time of review, an approved standard business sponsor as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 7 May 2019 the Tribunal reviewed the decision pertaining to the application for a standard business sponsor in Case Matter 1617085 and substituted the decision of the Tribunal, as presently constituted, to approve the standard business sponsorship of the proposed employing company. In light of the new evidence received, the Tribunal is satisfied that the criterion is met, whereby the applicant, in this case, has satisfied the Tribunal that the applicant has an approved standard business sponsor.

4. Accordingly, the Tribunal has concluded that the matter should be remitted for reconsideration.

   DECISION

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

   ·cl.187.223 of Schedule 2 to the Regulations

   Warren Stooke AM
   Member