OH (Migration)

[2021] AATA 1517

OH (Migration) [2021] AATA 1517 (25 March 2021)

Corrigendum

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Hyun Joo OH
Mr JOO SUN KIM
Mr DOKYUNG KIM

CASE NUMBER:  1813949

DIBP REFERENCE(S):  BCC2017/4557179

MEMBER:Andrew McLean Williams

DATE OF ORAL DECISION:  25 March 2021

DATE OF DECISION:  25 March 2021

DATE CORRIGENDUM

SIGNED:21 May 2021

PLACE OF DECISION:  Brisbane

AMENDMENT:  The following corrections are made to the decision:

In paragraph 3, replace the words ‘the grant them’ with ‘to grant them.’

Andrew McLean Williams
Member

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Hyun Joo OH
Mr JOO SUN KIM
Mr DOKYUNG KIM

CASE NUMBER:  1813949

DIBP REFERENCE(S):  BCC2017/4557179

MEMBER:Andrew McLean Williams

DATE AND TIME OF

ORAL DECISION AND REASONS:         25 March 2021 at 11:45 am (QLD time)

DATE OF WRITTEN RECORD:                14 April 2021

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal affirms the decisions under review.

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – subject of approved position nomination – employer not approved as sponsor – company deregistered – members of family unit – decision under review affirmed

LEGISLATION

Migration Regulations 1994 (Cth), Schedule 2, cls 457.223, 457.321

application for review

1. This is an application for review of decisions made by a delegate of the Minister for Immigration on 11 May 2018 refusing to grant the visa applicants Temporary Business Entry (Class UC) Subclass 457 visas under the Migration Act 1958 (the Act).

2. At the hearing on 25 March 2021 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 to review a decision made by Hyun Joo Oh and other family members in relation to a decision made by a delegate of the Minister refusing the grant them 457 visas.  The reason for the delegate’s refusal to grant the 457 visas is because a decision was made on 10 April 2018 that the proposed employer who was to sponsor the primary applicant, 27 Hospitality Group Proprietary Limited, had not been approved as a sponsor, so there was not an approved nomination in place.

4. 27 Hospitality Group Proprietary Limited sought to review that decision.  On 12 August 2020 a member of this Tribunal sitting in Sydney made a decision that the refusal to grant the nomination to 27 Hospitality Group Proprietary Limited could not be reviewed, because that company had been de-registered, on 28 March 2020.  Because the employer company had been de-registered, it was not entitled to bring an application to review a matter before this tribunal.  When a company is de-registered, it ceases to exist as a legal entity.  It therefore ceases to have any rights to appear before a court or tribunal. 

5. This means that the refusal by the Minister to grant the sponsorship approval to that company is a matter that has not been changed by a subsequent decision of this Tribunal. The result of that is that the primary applicant Mr Oh still does not have an approved sponsorship, and as at today’s date, is still unable to satisfy the requirements of clause 457.223 which requires that he have an approved nomination.  Because of that, the other applicants, as family members, are unable to satisfy the requirements of clause 457.321 which specifies that they must be family members of a person who is eligible to have a 457 visa.  Although they are family members of Mr Oh, Mr Oh is not entitled to have a 457 visa.

   decision

6. The Tribunal affirms the decisions under review.

   Andrew McLean Williams
   Member