Matimati (Migration)

[2021] AATA 990

Matimati (Migration) [2021] AATA 990 (8 April 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Yemurai Matimati
Mr Pious Matimati
Mr Takura Antony Matimati
Miss Shamiso Celestial Matimati
Mr Kuziva Hermes Matimati

CASE NUMBER:  1832716

HOME AFFAIRS REFERENCE(S):          BCC2017/4328236

MEMBER:Katie Malyon

DATE:8 April 2021

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 457 visa:

·cl.457.223(4)(a) of Schedule 2 to the Regulations

Statement made on 08 April 2021 at 1:02 pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – subject of approved position nomination – refusal of related nomination application set aside on review – members of family unit – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 457.223(4)(a)

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 Temporary Business Entry (Class UC) visas under s.65 of the Migration Act 1958 (the Act).  The applicants applied for the visas on 17 November 2017.  The delegate refused to grant the visas on 30 October 2018.

2. The delegate made the decision to refuse the visa applications on the basis that cl.457.223(4)(a) of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not met because the first named applicant, Yemurai Matimati, was not the subject of an approved nomination by her employer and approved standard business sponsor H&H Accredited Training Australasia ABN 90 813 030 277 T/A H&H Accredited Training College and H&H Accredited Training Australasia Incorporated (the Company).

3. 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.

4. On 8 April 2021, the Tribunal approved the nomination made by the Company in respect of nominee Mrs Yemurai Matimati for the nominated occupation of Accountant (General) ANZSCO 221111. Accordingly, the requirements of cl.457.223(4)(a) of the Regulations are now met.

5. Given the Tribunal’s finding that the requirements of cl.457.223(4)(a) of the Regulations are met, the appropriate course is to remit Mrs Yemurai Matimati’s application for the visa to the Minister to consider the remaining criteria for a Subclass 457 visa.

6. The second, third, fourth and fifth named applicants - Mr Pious Matimati, Mr Takura Antony Matimati, Miss Shamiso Celestial Matimati and Mr Kuziva Hermes Matimati - applied for their visas on the basis of being a member of the family unit of Mrs Yemurai Matimati.  Accordingly, their applications will be determined by reference to the outcome of Mrs Yemurai Matimati’s application on remittal to the Department for reconsideration.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 457 visa:

   ·cl.457.22394)(a) of Schedule 2 to the Regulations.

   Katie Malyon

   
   Member