Namekawa (Migration)

[2019] AATA 498

Namekawa (Migration) [2019] AATA 498 (11 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Yuko Namekawa

CASE NUMBER:  1732409

DIBP REFERENCE(S):  BCC2017/1585816

MEMBER:Katie Malyon

DATE:11 March 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 186 visa:

·cl.186.223(2) of Schedule 2 to the Regulations

Statement made on 11 March 2019 at 6:02 pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream – approved nomination – restaurant manager – tribunal approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2 cls 186.223(2), r 5.19(3)

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, Japanese national Ms Yuko Namekawa, an Employer Nomination (Permanent) Subclass 186 visa under s.65 of the Migration Act 1958 (the Act).  Ms Namekawa applied for the visa on 3 May 2017.  

2. The delegate refused to grant the visa on 30 November 2017 on the basis Ms Namekawa was not the subject of an approved nomination as required for the grant of the visa under cl.186.223(2) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

3. On 11 March 2019, the Tribunal approved the related nomination application made under r.5.19(3) of the Regulations by Spaceworks Corporation Pty Ltd in respect of the position of Restaurant Manager for nominee Ms Namekawa at Busshari Restaurant (Matter No. 1708580). Accordingly, cl.186.223(2) of Schedule 2 to the Regulations is now met by Ms Namekawa.

4. Given this finding, the appropriate course is to remit Ms Namekawa‘s Subclass 186 visa application to the Minister to consider remaining criteria for grant of the visa.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 186 visa:

   ·cl.186.223(2) of Schedule 2 to the Regulations

   Katie Malyon

   
   Member