Lee (Migration)

[2018] AATA 3586

Lee (Migration) [2018] AATA 3586 (21 August 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Tien-jui Lee
Mrs Hiroko Shimizu
Miss Chihiro Shimizu

CASE NUMBER:  1715132

DIBP REFERENCE(S):  BCC2016/4398071

MEMBER:Warren Stooke AM

DATE:21 August 2018

PLACE OF DECISION:  Melbourne

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

· cl.187.233 of Schedule 2 to the Regulations

The Tribunal remits the application for reconsideration, with the direction that the secondary applicants meet the following criteria for a Subclass 187 visa:

· cl.187.311 of Schedule 2 to the Regulations

Statement made on 21 August 2018 at 9:44am

CATCHWORDS
Migration – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – Direct Entry stream – Requirement to be subject of an approved nomination – Nomination previously refused by delegate – Nomination subsequently approved by Tribunal – Decision remitted with direction

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 187.233(3), 187.311

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 applicants Regional Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 29 December 2016. The delegate refused to grant the visas on 10 July 2017.

2. The delegate made the decision on the basis that evidence of an approved nominated position was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 20 August 2018 the Tribunal remitted the nominated position with Controlled Waste Disposal Pty Ltd for reconsideration by the DIBP [Tribunal Case No. 1712595], which is the nominated position being sought by the applicant. In light of the new evidence received, the Tribunal is satisfied that the criterion is met in this application and has concluded that the matter should be remitted for reconsideration.

4. Mr Lee gave evidence that he is tertiary qualified and that he has been in Australia for 7 years. He stated that following completion of a course at Northbridge Central TAFE in 2016 he qualified as a Chemistry Laboratory Technician and has worked in the nominated position for one and a half years. The nominated position is required to meet the environmental standards imposed by the Western Australian Environmental Waste treatment legislation.

5. Details were provided to the Tribunal that the he studied both biological and inorganic chemistry [Tribunal Case No. 1712595] and that he had a degree in IT from Taiwan.

6. The applicant stated that he is married and his wife is Japanese from Kanazawa.

7. He also provided evidence that he has an accredited EILTS score of 7.5, which is confirmed on the Department file. [DIBP Folio 65]

8. On the basis of the above the Tribunal is satisfied that the applicant is qualified to meet the criteria for engagement in the position subject to approval and has a valid contract with Controlled Waste Disposal Pty Ltd for a period exceeding two years from the date of the grant of a visa.

9. As the Tribunal is satisfied to remit the application considered herein for the applicant the Tribunal is satisfied that 187.311 is also met by the secondary applicants.

   DECISION

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

    ·cl.187.233 of Schedule 2 to the Regulations

    The Tribunal remits the application for reconsideration, with the direction that the secondary applicants meet the following criteria for a Subclass 187 visa:

    ·cl.187.311of Schedule 2 to the Regulations

    Warren Stooke AM
    Member