Amolakdeep Singh (Migration)

[2019] AATA 6099

Amolakdeep Singh (Migration) [2019] AATA 6099 (4 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Amolakdeep Singh

CASE NUMBER:  1826472

DIBP REFERENCE(S):  BCC2018/2456498

MEMBER:Susan Reece Jones

DATE:4 October 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applicant for reconsideration, with direction that the applicant meets the following criteria for a Subclass 482 visa:

·   cl. 482.232 of Schedule 2 of the Regulations.  

Statement made on 04 October 2019 at 11:01am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – evidence of English language ability – test report provided to tribunal – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65

Migration Regulations 1994 (Cth), Schedule 2, cl 482.232

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 on 24 August 2018 to refuse to grant the visa applicant a GK – Temporary Skill Shortage (Class GK) Subclass 482 visa under s.65 of the Migration Act 1958 (the Act).

2. The visa applicant applied for the visa on 7 June 2018. The delegate refused to grant the visa on the basis that evidence of English language ability was not provided to as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations.

3. The Tribunal has before it a PTE Academic Report for the applicant, confirming that he achieved the minimum required score. 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

   DECISION

4. The Tribunal remits the  applicant for reconsideration, with direction that the applicant meets the following criteria for a Subclass 482 visa:

   ·cl. 482.232 of Schedule 2 of the Regulations.  

   S. Jones
   Member