Syed (Migration)

[2019] AATA 4905

Syed (Migration) [2019] AATA 4905 (12 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Mahmood Ali Imran Syed
Mrs Sabeeha Fatima
Miss Maryam Fatima Ali
Miss Ayesha Rida Ali
Miss Zara Zainab Ali

CASE NUMBER:  1712551

DIBP REFERENCE(S):  BCC2016/3617463

MEMBER:Katie Malyon

DATE:12 November 2019

PLACE OF DECISION:  Sydney

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.186.223(3) of Schedule 2 to the Regulations

Statement made on 12 November 2019 at 4:47 pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Temporary Residence Transition stream – Customer Service Manager – subject of an approved nomination – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
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 Employer Nomination (Permanent) Subclass 186 visas under s.65 of the Migration Act 1958 (the Act).  The applicants applied for the visas on 31 October 2016.  

2. The delegate refused to grant the visas on 31 May 2017. 

3. The delegate’s decision to refuse the applicants’ visa applications was made on the basis that cl.186.223 of Schedule 2 to the Migration Regulations 1994 (the Regulations) was not met because the first named applicant, Mr Mahmood Ali Imran Syed, was not the subject of an approved nomination made by his nominator, Green Mixed Business NSW Pty Ltd (the Company).  There was no approved nomination because, on 20 April 2017, the Department refused the related nomination application made by the Company. 

4. On 12 November 2019, the Tribunal approved the nomination made under r.5.19(3) of the Act by the Company in respect of the position of Customer Service Manager ANZSCO 149212 for nominee Mr Syed (AAT No. 1710007). Accordingly cl.186.223(2) of Schedule 2 to the Regulations is now met by Mr Syed.

5. In light of the above, the appropriate course is to remit the applicants’ Subclass 186 visa applications to the Minister to consider remaining criteria for grant of the visas.

   DECISION

6. 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.186.223(2) of Schedule 2 to the Regulations

   Katie Malyon

   
   Member