Tavakoli Shiraji (Migration)

[2019] AATA 3024

Tavakoli Shiraji (Migration) [2019] AATA 3024 (17 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Arash Tavakoli Shiraji
Mrs Mahdokht Hajibandeh

CASE NUMBER:  1622025

DIBP REFERENCE(S):  BCC2015/3956270

MEMBER:Warren Stooke AM

DATE:17 May 2019

PLACE OF DECISION:  Melbourne

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, and

·cl.187.311 of Schedule 2 of the Regulations.

Statement made on 17 May 2019 at 4:39pm

CATCHWORDS
MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 (Regional Sponsored Migration Scheme) – Direct Entry stream – Retail Manager – subject of an approved nomination – nomination application now approved by the Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cls 187.223, 187.311

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 19 December 2015. The delegate refused to grant the visas on 21 December 2016.

2. The delegate made the decision on the basis that evidence confirming an approved standard business sponsor was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 8 May 2019 the Tribunal reviewed the decision of the delegate in Case Matter 1619680 and determined that the position of Retail Manager was genuine and thereby provided a substitute decision approving the nominated position. 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.

4. On the basis that the primary applicant has an approved standard business sponsor, it follows that the secondary applicant is a member of a family unit that has satisfied the requirements of cl.187.311.

   DECISION

5. 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 of Schedule 2 to the Regulations, and

   ·cl.187.311 of Schedule 2 of the Regulations.

   Warren Stooke AM
   Member