Wang (Migration)

[2019] AATA 1261

Wang (Migration) [2019] AATA 1261 (16 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Jing Wang
Mr Yuanzhe Bao
Master Chunjun Bao

CASE NUMBER:  1726788

DIBP REFERENCE(S):  BCC2017/2289657

MEMBER:Katie Malyon

DATE:16 January 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(2) of Schedule 2 to the Regulations.

Statement made on 16 January 2019 at 3:00 pm

CATCHWORDS
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – Accountant – nomination approved – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 5.19, 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) visas under s.65 of the Migration Act 1958 (the Act).  The applicants applied for the visas on 28 June 2017.  

2. The delegate refused to grant the visas on 30 October 2017 on the basis that the first named applicant, Chinese national Ms Jing Wang, was not the subject of an approved nomination as required for the grant of the visa under cl.186.223(2) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

3. On 15 January 2019, the Tribunal approved the related nomination application made under r.5.19(3) of the Regulations by Inn Style Promos Training Pty Ltd in respect of the position of Accountant (General) ANZSCO 221111 for nominee Ms Wang (Matter No. 1719181). Accordingly, cl.186.223(2) of Schedule 2 to the Regulations is now met by Ms Wang.

4. Given this finding, the appropriate course is to remit Ms Wang’s Subclass 186 visa application to the Minister to consider remaining criteria for grant of the visa.

5. The second named applicant and the third named applicant applied for their Subclass 186 visas on the basis of being members of the family unit of Ms Wang.  As such, their applications will be determined by reference to the outcome of Ms Wang’s application on remittal to the Department for reconsideration.

   DECISION

6. 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

   Katie Malyon

   
   Member