Lin (Migration)

[2019] AATA 5280

Lin (Migration) [2019] AATA 5280 (19 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Yi-Han Lin

CASE NUMBER:  1731786

DIBP REFERENCE(S):  BCC2017/2128957

MEMBER:Andrew McLean Williams

DATE:19 November 2019

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 187 visa:

·cl.187.233(2) of Schedule 2 to the Regulations

Statement made on 19 November 2019 at 5:40pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 187.233

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 a Regional Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 16 June 2017. The delegate refused to grant the visa on 12 December 2017.

2. The delegate made the decision on the basis that, on 23 October 2017 the application for approval of a nominated position made by Jasagency Pty Ltd, which is the same  position to which this application relates had been refused, by a delegate of the Minister

3. On 19 November 2019 the Tribunal set aside the decision referred to in paragraph 2 (immediately above) and substituted a decision now approving the nomination. This is the position referred to in clause 187.233(1) in the case of the current applicant Ms Yi-Han Lin. 

4. In the circumstances,  the Tribunal determines that this matter should now be remitted to the Department 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.187.233(2) of Schedule 2 to the Regulations

   Andrew McLean Williams
   Member