Nguyen (Migration)

[2020] AATA 542

Nguyen (Migration) [2020] AATA 542 (23 January 2020)

DECISION RECORD

DIVISION:  Migration & Refugee Division

REVIEW APPLICANT:  Mr Ba Thang Nguyen

VISA APPLICANT:  Mrs Thi Thanh Nga Nguyen

CASE NUMBER:  1915741
DIBP REFERENCE(S):

MEMBER:  Tim Connellan

DATE AND TIME OF

ORAL DECISION AND REASONS:         23 January 2020 at 2:26 pm (VIC time)

DATE OF WRITTEN RECORD:                24 February 2020

PLACE OF DECISION:  Melbourne

DECISION:  The Tribunal affirms the decision under review.

Statement made on 24 February 2020 at 9:44am

CATCHWORDS
MIGRATION – Skilled Regional Sponsored (Provisional) (Class SP) visa – Subclass 489 (Skilled – Regional (Provisional)) – member of family unit – primary applicant’s application refused – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 489.311

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 29 May 2019 to refuse to grant the visa applicant a Skilled Regional Sponsored (Provisional) Subclass 489 visa under the Migration Act 1958 (the Act).

2. At the hearing on 23 January 2020 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. You have made an application to sponsor your brother in law, Mr Quang Hung Nugyen as primary applicant, your sister Mrs Thi Thanh Nga Nguyen and your nephew Tho Duc Nugyen as secondary applicants for 489 Skilled Regional Sponsored visas.

4. This hearing is for the application for Mrs Thi Thanh Nga Nguyen as a secondary applicant and follows the lengthy hearing we have just conducted in which the Tribunal found the primary applicant Mr Quang Hung Nugyen was not a member of the family unit and therefore did not satisfy cl.489.311.

5. The Tribunal found the primary applicant failed to satisfy PIC 4020 and therefore did not satisfy 489.211 and the application was refused.

   Given the application for the primary applicant has been refused, the application for a secondary applicant must fail. Therefore, unless you have questions, it is the decision of this Tribunal that this application for Mrs Thi Thanh Nga Nugyen fails as the applicant does not satisfy cl.489.311

   DECISION

6. The Tribunal affirms the decision under review.

   Tim Connellan
   Member

Case Number 1915741  Page 2 of 2