Serrano (Migration)

[2018] AATA 4195

Serrano (Migration) [2018] AATA 4195 (10 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Edwin Serrano
Miss Kate Eunnice Serrano
Mrs Kathlyn Dianne Serrano

CASE NUMBER:  1700025

DIBP REFERENCE(S):  BCC2016/1888974

MEMBER:Ian Berry

DATE:10 September 2018

PLACE OF DECISION:  Brisbane

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

·cl.187.223 of Schedule 2 to the Regulations;

Statement made on 10 September 2018 at 9:17am

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) visa – Subclass 186 Employer Nomination Scheme – approval of nomination – nomination refused – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 359A. 359C. 360, 363A
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 Regional Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 30 May 2016. The delegate refused to grant the visas on 20 December 2016.

2. The delegate made the decision on the basis that evidence of the refusal of the applicant’s nomination was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 7 September 2018 the Tribunal approved the applicant’s sponsor’s nomination application. In light of the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

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

   •cl.187.223 Schedule 2 to the Regulations.

   Ian Berry
   Member