Pandher (Migration)

[2019] AATA 2232

Pandher (Migration) [2019] AATA 2232 (8 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Ranjit Kaur Pandher
Mr Hardeep Singh Kailey
Master Rajveer Singh Kailey

CASE NUMBER:  1826584

DIBP REFERENCE(S):  BCC2016/2735029

MEMBER:Sheridan Lee

DATE AND TIME OF

ORAL DECISION AND REASONS:          8 February 2019 at 1:55 pm (VIC time)

DATE OF WRITTEN RECORD:                14 February 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decisions under review.

Statement made on 14 February 2019 at 1:28pm

CATCHWORDS
MIGRATION – Nomination (Permanent) (Class EN) visas – Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream – Hairdresser – nomination refused – application for review not submitted – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994(Cth), Schedule 2, cl 186.223

APPLICATION FOR REVIEW

1. This is an application for review of decisions made by a delegate of the Minister for Immigration on 23 August 2018 to refuse to grant the visa applicants  Employer Nomination (Permanent) Subclass 186 visas under the Migration Act 1958 (the Act).

2. At the hearing on 8 February 2019 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. On 18 August 2016, the applicant and her family applied to the Department of Home Affairs for Employer Nomination (Permanent) (Class EN) visas.

4. The criteria for the grant of a Subclass 186 visa are set out in Part 186 of Schedule 2 to the Migration Regulations 1994. The primary criteria must be satisfied by at least one applicant.

5. In the present case, the applicant is seeking the visa in Temporary Residence Transition stream.

6. Clause 186.223 requires that the position to which the visa application relates is the subject of an application for approval of a nomination in the Temporary Residence Transition stream that identifies the visa applicant. The position must be the one that was the subject of the declaration that was required to be made as part of the current visa application.

7. On 18 August 2016, the applicant’s prospective employer applied to nominate the position of Hairdresser in respect of the applicant. The application was refused by the Department. No application has been made to the Tribunal for a review of that decision.

8. The applicant has acknowledged that she is not the subject of an approved, or pending, nomination related to this application for a Subclass 186 visa. It is not possible to link the visa application to a new nomination.

9. As the applicant is not presently the subject of an approved or pending nomination, I find that the applicant does not meet the requirement in 186.223.

10. As the applicant does not satisfy the primary criteria I must find that the second and third named applicant do not satisfy the secondary criteria for a grant of a visa.

    DECISION

11. The Tribunal affirms the decisions under review.

    Sheridan Lee
    Member