Armand (Migration)

[2021] AATA 3716

Armand (Migration) [2021] AATA 3716 (15 July 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Sebastien Armand

CASE NUMBER:  2101486

HOME AFFAIRS REFERENCE(S):          BCC2020/387314

MEMBER:C. Packer

DATE:15 July 2021

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.482.223(1) of Schedule 2 to the Regulations

Statement made on 15 July 2021 at 4:22pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – English language proficiency – IELTS test results – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cl 482.223

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 Home Affairs to refuse to grant the applicant a GK – Temporary Skill Shortage (Class GK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 11 February 2020. The delegate refused to grant the visa on 22 January 2021.

2. The delegate made the decision on the basis that evidence of English language ability was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 1 July 2021 the Tribunal received IELTS test results concerning the applicant. The test results show: listening 5.0; reading 4.5; writing 4.5; speaking 6.0; overall band score 5.0. The Tribunal confirmed these scores on 6 July 2021.

4. In light of the new evidence received, the Tribunal is satisfied that the criterion in cl.482.223(1) is met and has concluded that the matter should be remitted for reconsideration.

5. 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

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

   ·cl.482.223(1) of Schedule 2 to the Regulations

   C. Packer
   Member