PARBHAKAR (Migration)

[2019] AATA 4457

PARBHAKAR (Migration) [2019] AATA 4457 (2 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Deepak PARBHAKAR
Mrs Nidhi SHARMA

CASE NUMBER:  1814303

DIBP REFERENCE(S):  BCC2016/2652744

MEMBER:Katie Malyon

DATE:2 October 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

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

Statement made on 02 October 2019 at 2:21 pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream – Customer Service Manager – subject of an approved nomination – nomination application now approved by Tribunal – decision under review remitted

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

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 applicants Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act).  The applicants applied for the visas on 11 August 2016.

2. The delegate refused to grant the visas 4 May 2018 on the basis that the first named applicant, Indian national Mr Deepak Parbhakar, was not the subject of an approved nomination as required for the grant of the visa under cl.186.223 of Schedule 2 to the Migration Regulations 1994 (the Regulations).   

3. Mr Parbhakar appeared before the Tribunal on 26 September 2019 to give evidence and present arguments at a combined hearing with the Tribunal’s hearing of the delegate’s refusal of the related nomination application made by VD Distributions Pty Ltd (the Company) in respect of the position of Customer Service Manager ANZSCO 149212 for Mr Parbhakar (Matter No. 1809329).  The applicants were represented in relation to the review by their registered migration agent, who also attended the hearing.

4. On 2 October 2019, the Tribunal approved the related nomination application made under r.5.19(3) of the Regulations by the Company in respect of the position of Customer Service Manager ANZSCO 149212 for Mr Parbhakar. Accordingly, cl.186.223(2) of Schedule 2 to the Regulations is now met by Mr Parbhakar.

5. Given this finding, the appropriate course is to remit Mr Parbhakar’s Subclass 186 visa application to the Minister to consider remaining criteria for grant of the visa.

6. The second named applicant, Mrs Nidhi Sharma, applied for her Subclass 186 visa on the basis of being a member of the family unit of Mr Parbhakar.  As such, her application will be determined by reference to the outcome of Mr Parbhakar’s application on remittal to the Department for reconsideration.

   DECISION

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

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

   Katie Malyon

   
   Member