Mahato (Migration)

[2019] AATA 2690

Mahato (Migration) [2019] AATA 2690 (10 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Rajeeb Mahato

CASE NUMBER:  1712244

DIBP REFERENCE(S):  BCC2016/3330091

MEMBER:Katie Malyon

DATE:10 May 2019

PLACE OF DECISION:  Sydney

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(3) of Schedule 2 to the Regulations

Statement made on 10 May 2019 at 4:21 pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – Commis Chef – nomination refused – decision substituted – nomination approved – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 5.19, 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, Nepalese national Mr Rajeeb Mahato, a Regional Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act).

2. Mr Mahato applied for the visa on 7 October 2016.

3. The delegate refused to grant the visa on 25 May 2017 on the basis Mr Mahato did not meet cl.187.233(3) of Schedule 2 to the Migration Regulations 1994 (the Regulations) because the nomination made by his employer, Mulpha Hotel Pty Ltd (the Company), was not approved.

4. On 10 May 2019, the Tribunal approved the nomination made by the Company under r.5.19(4) of the Regulations for the position of Commis Chef in respect of Mr Mahato. Accordingly, cl.187.233(3) of Schedule 2 of the Regulations is now met.

5. Given this finding, the appropriate course is to remit the visa application to the Minister to consider the remaining criteria for the visa..

   DECISION

6. 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(3) of Schedule 2 to the Regulations

   Katie Malyon

   
   Member