Lee (Migration)

[2020] AATA 446

Lee (Migration) [2020] AATA 446 (22 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jaedeok Lee

CASE NUMBER:  1725288

DIBP REFERENCE(S):  BCC2017/2251228

MEMBER:Andrew McLean Williams

DATE:22 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 22 January 2020 at 2:08pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – nomination refused – decision substituted – nomination approved – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 186.223

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 Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 26 June 2017. The delegate refused to grant the visa on 27 September 2017.

2. The delegate made the decision on the basis that on 22 August 2017 the nomination lodged by Knodaji Pty Ltd, being the nomination referred to in r.186.223(1) was refused by a delegate of the Minister.  That decision was the subject of a subsequent application for review lodged by Knodaji Pty Ltd with the Tribunal.

3. On 22 January 2020 the Tribunal made a decision approving the nomination that had been submitted to the department by Knodaji Pty Ltd.   In light of that, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted 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