SILVEIRA MATTOS (Migration)

[2020] AATA 4143

SILVEIRA MATTOS (Migration) [2020] AATA 4143 (24 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Pedro Ivo Silveira Mattos
Mrs Susane Yoshida Inomata

CASE NUMBER:  1803951

HOME AFFAIRS REFERENCE(S):          BCC2017/2504945

MEMBER:Katie Malyon

DATE:24 September 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

·cl.187.233(3) of Schedule 2 to the Regulations.

Statement made on 24 September 2020 at 3:19pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Direct Entry stream – External Auditor – subject of an approved nomination ­­– decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 186.233

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 on 1 February 2018 to refuse to grant the applicants Regional Employer Nomination (Permanent) (Class RN) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 14 July 2017.  At the time of application, Class RN contained one subclass: Subclass 187 (Regional Sponsored Migration Scheme).

3. Criteria for the grant of a Subclass 187 visa are set out in Part 187 of Schedule 2 to the Migration Regulations 1994 (the Regulations).  The primary criteria must be satisfied by at least one applicant.  Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria.  Applicants seeking to satisfy the primary criteria must meet the ‘Common criteria’ as well as the criteria of one of 3 alternative visa streams: the Temporary Residence Transition stream; the Direct Entry stream; or the Agreement stream.

4. In the present case, the first named applicant – Brazilian national Mr Pedro Ivo Silveira Mattos – is seeking the visa in the Direct Entry stream to work in the nominated position of External Auditor ANZSCO 221213.

5. The delegate refused to grant the visas on the basis Mr Silveira Mattos did not meet cl.187.233(3) of Schedule 2 to the Regulations because the nomination application made by his employer, O’Regan & Partners Pty Ltd (the Company), was not approved.

6. On 24 September 2020, the Tribunal approved the nomination made by the Company for the position of External Auditor in respect of Mr Silveira Mattos under r.5.19(4) of the Regulations. Accordingly, cl.187.233(3) of Schedule 2 of the Regulations is now met.

7. Given this finding, the appropriate course is to remit the visa application to the Minister to consider remaining criteria for the visa.

8. The second named applicant, Mrs Susane Yoshida Inomata, applied for her visa on the basis of being a member of the family unit of Mr Silveira Mattos.  Accordingly, her application will be determined by reference to the outcome of Mr Silveira Mattos’ application on remittal to the Department for reconsideration.

   DECISION

9. The Tribunal remits the applications for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

   · cl.187.233(3) of Schedule 2 to the Regulations.

   Katie Malyon

   
   Member