Zhao (Migration)

[2020] AATA 5022

Zhao (Migration) [2020] AATA 5022 (14 September 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Ruiming Zhao
Mrs Guina Chen
Mr Jiangjie Zhao
Mr Hongjie Gu
Master Ka Kit Chiu

CASE NUMBER:  1902915

HOME AFFAIRS REFERENCE(S):          BCC2017/1290850

MEMBER:Andrew McLean Williams

DATE:14 September 2020

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 457 visa:

·cl.457.223 of Schedule 2 to the Regulations

Statement made on 14 September 2020 at 4:58pm

CATCHWORDS

MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – position of Corporate General Manager – approved nomination – business ownership changed – nomination approved upon review – decision under review remitted      

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cls 457.223, 457.233, 457.321

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 applicants Temporary Business Entry (Class UC) visas under s.65 of the Migration Act 1958 (‘the Act’). The applicants applied for the visas on 6 April 2017. The delegate refused to grant the visas on 21 January 2019.

2. The delegate made the decision on the basis that on 20 December 2018, a delegate of the Minister had refused the nomination of a position made by Cherrabah Employment Services Pty Ltd such that the first-named applicant was unable to meet the requirements of clause 457.223(4)(a)(i) in Schedule Two of the Migration Regulations.

3. The applicant appeared before the Tribunal on 23 June 2020 by telephone to give evidence and present arguments, being the same date as the hearing of an application to review a decision filed in the Tribunal by Cherrabah Management Services Pty Ltd in related matter 1900705.

4. On 14 September 2020 the Tribunal determined related Tribunal matter 1900705 and thereby approved the nomination made by Cherrabah Management Services Pty Ltd for a Corporate General Manager position, for the first-named applicant (‘nomination approval’).

5. In light of the nomination approval the first-named applicant is able to meet the requirements of cl. 457.233(4)(a)(i) in Schedule 2 of the Regulations.  The other applicants - as family members of the first-named applicant - are able to meet the requirements of cl. 457.321. 

6. In these circumstances the Tribunal determines that this matter should be remitted for reconsideration.

   DECISION

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

   ·cl.457.223 of Schedule 2 to the Regulations

   Andrew McLean Williams
   Member