Martinsson (Migration)

[2019] AATA 3378

Martinsson (Migration) [2019] AATA 3378 (10 July 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Nathalie Rigmor Margareta Martinsson

CASE NUMBER:  1722307

DIBP REFERENCE(S):  BCC2017/1100760

MEMBER:Andrew McLean Williams

DATE:10 July 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 186 visa:

·cl.186.233(3) of Schedule 2 to the Regulations

Statement made on 10 July 2019 at 2:15pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Direct Entry stream – subject of an approved nomination – nomination application now approved by the Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 186.233

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review by Nathalie Rigmor Margareta Martinsson (‘the applicant’) of a decision made by a delegate of the Minister for Immigration to refuse to grant an Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant had applied for this class of visa on 21 March 2017. The delegate refused the application on 4 September 2017 (‘the refusal decision’).

2. The applicant had applied for an Employer Nomination Scheme (subclass 186) visa in the Direct Entry Scheme. The delegate made the refusal decision on the basis that the applicant could not comply with clause 186.233(3) in Schedule 2 of the Migration Regulations, because the nomination lodged by GSMC Pty Ltd as trustee for the Laurus Holdings Trust (being the nomination referred to in clause 186.233(1) had already been refused by the Minister’s delegate, on 12 July 2017. This meant that the applicant could not meet the requirement raised by clause 186.233(3).

3. On 28 May 2019 the Tribunal conducted a hearing in an application for review brought by GSMC Pty Ltd as trustee for the Laurus Holdings Trust in related Tribunal matter 1716115. In light of the new evidence received by the Tribunal as part of the hearing of that matter the Tribunal was satisfied that the criterion that could not previously be met in clause 186.233(3) is now able to be met. In light of that outcome, this matter should now 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.186.233(3) of Schedule 2 to the Regulations

   Andrew McLean Williams
   Member