TAKANO (Migration)

[2022] AATA 2900

TAKANO (Migration) [2022] AATA 2900 (4 July 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Mai TAKANO

REPRESENTATIVE:  Mr William Diez (MARN: 0958792)

CASE NUMBER:  1900770

HOME AFFAIRS REFERENCE(S):          BCC2018/929434

MEMBER:Danielle Galvin

DATE:4 July 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

·cl 457.223(4)(a)(i) of Schedule 2 to the Regulations

Statement made on 04 July 2022 at 11:45am

CATCHWORDS

MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – nomination approved upon review – decision under review remitted           

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 457.223

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 Home Affairs to refuse to grant the applicant a Temporary Business Entry (Class UC) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant, Mai Takano, applied for the visa on 27 February 2018. The delegate refused to grant the visa on 3 January 2019.

2. The delegate made the decision on the basis that there was no approved nomination in place in support of the visa application and the application did not therefore satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 4 July 2022 the Tribunal, on review, approved the nomination of SEA ONE NORTH PTY LTD, the nominator in relation to the visa application.

4. 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.

5. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   decision

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

   ·cl 457.223(4)(a)(i) of Schedule 2 to the Regulations

   Danielle Galvin
   Member