Amandeep Kaur (Migration)

[2020] AATA 3276

Amandeep Kaur (Migration) [2020] AATA 3276 (7 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs  Amandeep Kaur
Mr Ajayveer Singh

CASE NUMBER:  2000531

HOME AFFAIRS REFERENCE(S):          BCC2019/4435711

MEMBER:Antonio Dronjic

DATE:7 May 2020

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 190 visa:

·cl.190.212(1) of Schedule 2 to the Regulations

Statement made on 07 May 2020 at 10:24am

CATCHWORDS
MIGRATION – Skilled Nominated (Permanent) (Class SN) visa – Subclass 190 (Skilled – Nominated) – Registered Nurse – skills assessment – Australian Nursing and Midwifery Accreditation Council (ANMAC) – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 190.212

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 Skilled Nominated (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 5 September 2019. The delegate refused to grant the visas on 20 December 2019.

2. The delegate made the decision on the basis that evidence of a skills assessment was not provided as required to satisfy a criterion for the grant of the visa under cl.190.212(1) the Migration Regulations 1994 (the Regulations).

3. On 10 January 2020, the Tribunal received a skills assessment outcome from Australian Nursing and Midwifery Accreditation Council (ANMAC) dated 25 September 2018 as evidence that the applicant’s skills have been assessed as suitable for migration for the nominated occupation of Registered Nurse (ANZSCO 254499).

4. The Tribunal is satisfied that, on 18 July 2019, being the time the applicant was invited to apply for the visa, the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation and that the assessment was not for a Subclass 485 (Temporary Graduate) visa.

5. The Tribunal finds that cl.190.212(1)(c) does not apply and that not more than 3 years had passed since the date of the assessment.

6. Considering the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

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

   DECISION

8. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 190 visa:

   ·cl.190.212(1) of Schedule 2 to the Regulations

   Antonio Dronjic
   Member