Singh (Migration)

[2019] AATA 5277

Singh (Migration) [2019] AATA 5277 (15 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Jaspreet Singh
Ms Hardeep Kaur
Miss Gurnoor Kaur

CASE NUMBER:  1730794

DIBP REFERENCE(S):  BCC2017/1689652

MEMBER:Andrew McLean Williams

DATE:15 November 2019

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 186 visa:

·cl.186.233((2) of Schedule 2 to the Regulations

Statement made on 15 November 2019 at 4:51pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – 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 Immigration to refuse to grant the applicants Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 11 May 2017. The delegate refused to grant the visas on 17 November 2017.

2. The delegate made the decision on the basis that on 10 October 2017 a delegate of the Minister had refused to approve the nomination lodged by Custom Metal Polishing (Aust) Pty Ltd, which was the nomination referred to in paragraph 186.233(1) in the case of the first-named applicant.

3. On 15 November 2019 the Tribunal determined to set aside the decision referred to in paragraph 2 immediately above, and to substitute a decision approving the nomination lodged by Custom Metal Polishing (Aust) Pty Ltd.  In light of that, the Tribunal is satisfied that the criterion in paragraph 186.223 is now met by the first-named applicant 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 186 visa:

   ·cl.186.223(2) of Schedule 2 to the Regulations

   Andrew McLean Williams
   Member