Luximon (Migration)

[2023] AATA 4037

Luximon (Migration) [2023] AATA 4037 (22 November 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Gayitree Luximon
Mr Vijay Anand Luximon
Mr Kounal Luximon
Master Saniraj Luximon

REPRESENTATIVE:  Mr Reza Aein (MARN: 0955595)

CASE NUMBER:  2207725

HOME AFFAIRS REFERENCE(S):          BCC2018/1281931

MEMBER:Jessica Henderson

DATE:22 November 2023

PLACE OF DECISION:  Perth

DECISION:The Tribunal remits the applications 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

Statement made on 22 November 2023 at 1:55pm

CATCHWORDS

MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 Regional Sponsored Migration Scheme – position of Mechanical Engineering Draftsperson – nomination approved upon review – decision under review remitted          

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, 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 Home Affairs to refuse to grant the applicants Regional Employer Nomination (Permanent) visas under s 65 of the Migration Act 1958 (Cth) (the Act). The applicants applied for the visas on 17 March 2018. The delegate refused to grant the visas on 11 May 2022.

2. The delegate made the decision on the basis that on 12 May 2020 the nomination lodged by CF Farms Pty Ltd ATF BJ & CE Cocking Family Trust, being the nomination relied upon by the nominee in respect of cl 187.233, had been refused. 

3. On 22 November 2023 the Tribunal set aside the decision under review and substituted a decision approving the nomination.  The Tribunal therefore finds that the requirement in clause 187.233(1) is met.  The circumstances of the Tribunal’s findings in respect of the nominator make it clear that the balance of criteria in clause 187.233 are also met.

4. In light of the new evidence received, the Tribunal is satisfied that the matter should be remitted for reconsideration.

5. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

6. 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

   Jessica Henderson
   Member