Sekhon (Migration)

Sekhon (Migration) [2020] AATA 1609 (20 February 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Amandeep Singh Sekhon
Mrs Manvir Kaur

CASE NUMBER:  1732758

DIBP REFERENCE(S):  BCC2016/2927771

MEMBER:De-Anne Kelly

DATE:20 February 2020

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal confirms the decision to dismiss the application.

Statement made on 20 February 2020 at 1:49pm

1. This is an application for review of decisions made by a delegate of the Minister for Immigration on 5 December 2017 to refuse to grant the visa applicants  Employer Nomination (Permanent) Subclass 186 visas under the Migration Act 1958 (the Act).

2. The review applicants, Mr Amandeep Singh Sekhon and Mrs Manvir Kaur were invited on 5 December 2019 under s.359A of the Migration Act 1958 to comment on or respond to information that may, subject to their comments or response, be the reason, or a part of the reason, for affirming the decision under review. The Tribunal advised that they had not made up their mind about the information. The particulars of the information were;

   ·On 3 September 2016, they had applied for an Employer Nomination (Permanent) visa. On their application form, under the heading “nomination details”, they referred to an employer nomination lodged by Om Mahalaxmii Pty Ltd.

   ·On 30 October 2017, the employer nomination lodged by Om Mahalaxmii Pty Ltd was refused by a delegate of the (then titled) Minister for Immigration and Border Protection. An application for review this nomination refusal was lodged with the Tribunal.

   ·On 13 August 2019 the Tribunal accepted a withdrawal of the employer nomination refusal application for review by Om Mahalaxmii Pty Ltd.

3. The Tribunal advised that the information was relevant to the review because one of the criteria that must be met for grant of an employer nomination (permanent) visa, is cl.186.223(2) of Schedule 2 to the Migration Regulations 1994, which requires that the nomination referred to in cl.186.223(1) must be approved. Since the application for review in regard to the refused employer nomination was withdrawn by Om Mahalaxmii Pty Ltd, the decision made by the delegate of the Minister for Immigration and Border Protection stands. Therefore, the employer nomination is not approved. The applicants were invited to respond by 19 December, 2019 or they could request an extension of time but the request had to be received before 19 December, 2019.

4. On the 19 December 2019, the applicants requested an extension of time on the basis that their migration agent could not see them until the 6 January 2020. An extension of time was granted to the 10 January 2020. On the 10 January 2020, a response was received advising that the applicants’ wife was expecting a child and asking the Tribunal to update their records. However this response did not address the fact that there was no approved employer nomination to satisfy cl.186.223(2) which provides as follows;

   (2) The Minister has approved the nomination.

5. The Tribunal considered this a response and on 15 January 2020 invited the review applicants Mr Amandeep…