PATINO PRIETO (Migration)

[2019] AATA 6306

PATINO PRIETO (Migration) [2019] AATA 6306 (12 December 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Erika Esperanza PATINO PRIETO
Mr Edwin Leandro TORO ABRIL

CASE NUMBER:  1704620

DIBP REFERENCE(S):  BCC2016/2232200

MEMBER:Ian Berry

DATE:12 December 2019

PLACE OF DECISION:  Brisbane

DECISION: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 of Schedule 2 to the Regulations

The Tribunal remits the application for the second named applicant with the direction that the first named applicant meets the criteria for a subclass 186 visa under cl.186.223 of Schedule 2 to the Regulations.

Statement made on 12 December 2019 at 11:04am

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream – Facilities Manager – subject of an approved nomination – nomination now approved by the 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 1 July 2016. The delegate refused to grant the visas on 3 March 2017.

2. The delegate made the decision on the basis that evidence of the refusal of the applicants employers nomination application and made the decision under cl.186.223 of Schedule 2 under the Migration Regulations 1994 (the Regulations).

3. The applicant appeared before the Tribunal on 31 July 2019 to give evidence and present arguments.  The Tribunal received oral evidence from the applicant and her employer’s director Mr Brett Fischer.

4. The applicant was represented in relation to the review by her registered migration agent Mr Ricardo Viana (representative).  The representative attended the Tribunal hearing.

5. On  11 December 2019 the Tribunal approved the nomination application of her employer Cleancorp Services Pty Ltd where the applicant was identified as being the nominee in the application for the position of Facilities Manager (ANZSCO 149913). In light of the applicants employers nomination application being approved on 11 December 2019, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

6. 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 of Schedule 2 to the Regulations

7. The Tribunal remits the application for the second named applicant with the direction that the first named applicant meets the criteria for a Subclass 186 visa under cl.186.223 of Schedule 2 to the Regulations.

   Ian Berry
   Member