Mo (Migration)

[2022] AATA 920

Mo (Migration) [2022] AATA 920 (28 March 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Miao Mo
Mr Hao Liang
Miss Yueqi Liang

REPRESENTATIVE:  Mrs Junsi Zhu (MARN: 0854206)

CASE NUMBER:  2102375

HOME AFFAIRS REFERENCE(S):          BCC2017/1417967

MEMBER:Andrew McLean Williams

DATE AND TIME OF

ORAL DECISION AND REASONS:         28 March 2022 at 2:32 pm (QLD time)

DATE OF WRITTEN RECORD:                8 April 2022

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal affirms the decisions under review.

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) Visa – Subclass 186 – nomination refused– at the date of its decision the applicant is not the subject of an approved nomination – employer did not seek review of the nomination refusal decision – decision under review affirmed

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cls 186.233, 186.311

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Home Affairs on 11 February 2021 to refuse to grant the visa applicants’  Employer Nomination (Permanent) Subclass 186 visas under the Migration Act 1958 (Cth) (the Act).

2. At the hearing on 28 March 2022 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. This is an application for review of a decision made by a Delegate of the Minister that was made on 11 February 2021.  The primary Applicant in this case, Ms Miao Mo, seeks to review a decision of the Delegate refusing to grant her a Subclass 186 visa on the grounds that she had not complied with the provisions of clause 188.233.  The other Applicants are family members and their visa entitlement is linked to that of the primary Applicant.

4. The reason for the Delegate’s refusal was because on 19 February 2020, an employment nomination lodged by Macquarie Languagelinks Group Pty Ltd, - which was the sponsoring employer for this primary applicant - had been refused.  Macquarie Languagelinks Group Pty Ltd did not seek to review the Delegate’s refusal decision.  Accordingly, the primary Applicant still does not have an approved nomination, and cannot comply with the provisions of clause 186.233.  In these circumstances the other Applicants are also unable to meet the requirements of cl.186.311. 

   DECISION

5. The Tribunal affirms the decisions under review.

   Andrew McLean Williams
   Member