Mercado (Migration)

[2024] AATA 127

Mercado (Migration) [2024] AATA 127 (9 January 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Lucio Palma Mercado

REPRESENTATIVE:  Mrs Rachel Praxl (MARN: 0959855)

CASE NUMBER:  1936213

HOME AFFAIRS REFERENCE(S):          BCC2019/5800738

MEMBER:Jessica Henderson

DATE:9 January 2024

PLACE OF DECISION:  Perth

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 482 visa:

·cl 482.212(1) of Schedule 2 to the Regulations

Statement made on 09 January 2024 at 6:02pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 482.212

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 applicant a GK – Temporary Skill Shortage (Class GK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 16 November 2019. The delegate refused to grant the visa on 23 December 2019.

2. The delegate made the decision on the basis that the applicant’s prospective sponsoring employer, Kuredale Pty Ltd, did not have an approved nomination in place for him.

3. Kuredale Pty Ltd made an application to this Tribunal to review the decision of the Department to refuse its nomination.  On 9 January 2024 the Tribunal set aside the decision of the Department in relation to Kuredale Pty Ltd and substituted a decision that the nomination is approved.  In light of that event, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

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

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 482 visa:

   ·cl 482.212(1) of Schedule 2 to the Regulations

   Jessica Henderson
   Member