RONNEBURG (Migration)

[2019] AATA 1084

RONNEBURG (Migration) [2019] AATA 1084 (23 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Andre RONNEBURG

CASE NUMBER:  1833760

DIBP REFERENCE(S):  BCC2018/3204316

MEMBER:Susan Trotter

DATE:23 May 2019

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 407 visa:

·cl.407.214(b) of Schedule 2 to the Regulations

Statement made on 23 May 2019 at 5:21pm

CATCHWORDS
MIGRATION – Training (Class GF) visa – Subclass 407 (Training) – nomination – decision made on basis of material at hand – tribunal approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360(2)(a)
Migration Regulations 1994, Schedule 2, cl 407.214(b), r 2.72A.

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 applicant a Training (Class GF) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 24 August 2018.

3. The delegate refused to grant the visa on 6 November 2018 on the basis that the applicant did not meet cl.407.214(b) because the nomination application in relation to the applicant, lodged by the sponsor, Peterpans Backpacker Adventure Travel Pty Ltd, was refused.

4. For the following reasons, pursuant to subparagraph 360(2)(a) of the Act, the Tribunal considered that it should decide the review in the applicant’s favour, and remit the matter for reconsideration, on the basis of the material before it, without proceeding to a hearing.

5. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

6. The issue in the present case is whether the applicant meets the requirements of cl.407.214(b) which requires that there is an approved nomination of a program of occupational training in relation to the applicant.

7. The applicant is the subject of a nomination application lodged by the sponsor, Peterpans Backpacker Adventure Travel Pty Ltd. It had been refused by the delegate however the Tribunal on 27 March 2019 approved the nomination, identifying the applicant as the nominee (see Tribunal case 1830323). The applicant is now the subject of a nomination of a program of occupational training in relation to the applicant under s.140GB(1)(b) of the Act that has been approved on the basis of the criteria in r.2.72A.

8. For these reasons the requirements of cl.407.214(b) are met.

9. Given the findings above, the appropriate course is to remit the application for the visa to the Minister to consider the remaining criteria for a Subclass 407 visa.

   DECISION

10. The Tribunal remits the application for a Training (Class GF) Subclass 407 visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 407 visa:

    ·     cl.407.214(b) of Schedule 2 to the Regulations.

    Susan Trotter
    Member