Rathnam (Migration)

[2020] AATA 4154

Rathnam (Migration) [2020] AATA 4154 (29 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Richard Rathnam

CASE NUMBER:  1808720

HOME AFFAIRS REFERENCE(S):          BCC2017/877788

MEMBER:Andrew McLean Williams

DATE:29 September 2020

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 187 visa:

·cl.187.233 of Schedule 2 to the Regulations

Statement made on 29 September 2020 at 12:34pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – Direct Entry stream – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 187.233

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 a Regional Employer Nomination (Permanent) visa under s.65 of the Migration Act 1958 (‘the Act’). The applicant applied for the visa on 6 March 2017. The delegate refused to grant the visa on 14 March 2018.

2. The delegate made the decision on the basis that on 22 January 2018 a delegate of the Minister had made a decision refusing the nomination for a position made by Khouse Group Pty Ltd, being the position referred to in cl.187.233(1), in the case of the current applicant.

3. On 29 September 2020 the Tribunal heard an application for review filed by Khouse Group Pty Ltd seeking a review of the decision made by a delegate of the Minister referred to in the immediately preceding paragraph.  The Tribunal determined to approve the nominated position.  In light of that Tribunal decision, the current applicant is now able to satisfy the requirements of cl. 187.233(3).

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 187 visa:

   ·cl.187.233 of Schedule 2 to the Regulations

   Andrew McLean Williams
   Member