Parkinson (Migration)

[2018] AATA 5424

Parkinson (Migration) [2018] AATA 5424 (1 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Jordan John Parkinson
Mr Julie Eloa Lombard

CASE NUMBER:  1615674

DIBP REFERENCE(S):  BCC2016/884719

MEMBER:Antonio Dronjic

DATE:1 October 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 457 visa:

·cl.457.223(4)(a) of Schedule 2 to the Regulations.

Statement made on 01 October 2018 at 11:43am

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 – Café or Restaurant Manager – No approved nomination –evidence of approved nomination provided – Decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 140GB
Migration Regulations 1994, Schedule 2, cl 457.223

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 Temporary Business Entry (Class UC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 3 March 2016. The delegate refused to grant the visas on 5 September 2016.

2. The delegate refused to grant the visas on 5 September 2016 on the basis that cl.457.223 (4)(a) was not met because a nomination of an occupation in relation to the primary visa applicant has not been approved.

3. The sponsoring business applied for a review of the Delegate’s decision to refuse the nomination application. On 27 September 2018, the Tribunal set aside the Delegate’s decision not to approve the nomination and substituted it with the decision that the nomination made by Sampson HH Pty Ltd Atf HH Trust is approved.

4. On the basis of the Tribunal’s decision in a related matter (1610811), the Tribunal is satisfied that the nomination of the occupation of a Café or Restaurant Manager (Australian and New Zealand Standard Classification of Occupations (ANZSCO) code 141111 in relation to the first named applicant has been approved under section 140GB of the Act.

5. The Tribunal is satisfied that the nomination was made by Sampson HH Pty Ltd Atf HH Trust, who was a standard business sponsor at the time of approval. Further, the Tribunal is satisfied that the nomination has not ceased. Consequently, the Tribunal finds that the first named applicant meets cl.457.223 (4)(a).

6. Given the findings above, the appropriate course is to remit the applications for the visa to the Minister to consider the remaining criteria for a Subclass 457 visa.

   DECISION

7. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 457 visa:

   ·cl.457.223(4)(a) of Schedule 2 to the Regulations

   Antonio Dronjic
   Member