Arevalo (Migration)

[2023] AATA 3171

Arevalo (Migration) [2023] AATA 3171 (1 September 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Albert Daryl Cruzat Arevalo

REPRESENTATIVE:  Mr Anthony Robert Coates (MARN: 0601801)

CASE NUMBER:  2304166

HOME AFFAIRS REFERENCE(S):          BCC2022/1273152

MEMBER:Sheridan Aster

DATE:1 September 2023

PLACE OF DECISION:  Melbourne

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

·cl 482.212(4) of Schedule 2 to the Migration Regulations 1994.

Statement made on 01 September 2023 at 3:18pm

CATCHWORDS  
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – skills assessment – decision under review remitted 

LEGISLATION 
Migration Act 1958 (Cth), ss 65, 360 
Migration Regulations 1994 (Cth), Schedule 2, cl 482.212 

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 applicant a GK – Temporary Skill Shortage (Class GK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 13 April 2022. The delegate refused to grant the visa on 8 March 2023.

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 the Migration Regulations 1994 (Cth) (the Regulations).

3. On 10 August 2023, the Tribunal received a successful skills assessment issued to the applicant by the Australian Trade Training College on behalf of Trades Recognition Australia on 9 June 2023. 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. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s 360(2)(a) of the Act.

   DECISION

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

   ·cl 482.212(4) of Schedule 2 to the Migration Regulations 1994.

   Sheridan Aster
   Member