Pinto Faria (Migration)

[2021] AATA 5374

Pinto Faria (Migration) [2021] AATA 5374 (25 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Wilson Pinto Faria

CASE NUMBER:  1902042

HOME AFFAIRS REFERENCE(S):          BCC2018/1270213

MEMBER:Katie Malyon

DATE:25 November 2021

PLACE OF DECISION:  Sydney

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

·cl.457223(4)(a) of Schedule 2 to the Regulations

Statement made on 25 November 2021 at 12:06 pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) – Subclass 457 (Temporary Work (Skilled)) – standard business sponsor – Painting Trades Worker – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 Home Affairs to refuse to grant the applicant, Portuguese national Wilson Pinto Faria, a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act).  Mr Pinto Faria applied for the visa on 16 March 2018.  

2. The delegate refused to grant the visa on 10 January 2019 on the basis that cl.457.223(4)(a) of Schedule 2 to the Regulations was not met because Mr Pinto Faria was not the subject of an approved nomination made by his employer and approved standard business sponsor Faria & Son Pty Ltd (the Company).

3. Mr Pinto Faria appeared before the Tribunal to give evidence and present arguments at a MS Teams video hearing on 19 November 2021.  The hearing was conducted as a combined but independent hearing with the Tribunal’s review of the delegate’s refusal of the Company’s nomination (Tribunal Case No. 1837569).  Both the Company and Mr Pinto Faria were represented in relation to their respective review by registered migration agent Michel Sulzbach of Bravo Migration Pty Ltd.  The representative also attended the hearing. 

4. For the following reasons, the Tribunal has concluded that the decision under review should be remitted for further consideration.

5. On 25 November 2021, the Tribunal approved the nomination made by the Company in respect of Mr Pinto Faria for the nominated occupation of Painting Trades Worker ANZSCO 332211.  Accordingly, the requirements of cl.457.223(4)(a) of the Regulations are now met. 

6. Given the Tribunal’s finding that the requirements of cl.457.223(4)(a) of the Regulations are met, the appropriate course is to remit Mr Pinto Faria’s application 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 applicant meets the following criteria for a Subclass 457 visa:

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

   Katie Malyon

   
   Member