Barrett-Russo (Migration)

[2018] AATA 2025

Barrett-Russo (Migration) [2018] AATA 2025 (7 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Thomas Vincent Barrett-Russo
Miss Chelsea Louise Firman

CASE NUMBER:  1700750

DIBP REFERENCE(S):  BCC2016/1927347

MEMBER:Ian Berry

DATE:7 June 2018

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 186 visa:

·cl.186.234 of Schedule 2 to the Regulations

Statement made on 07 June 2018 at 11:32am

CATCHWORDS
Migration – Employer Nomination (Permanent) visa – Subclass 186 (Employer Nomination Scheme) – Skilled assessment – Nominated position of Electrician (General) – Assessment supplied within the timeframe – Decision under review remitted for reconsideration

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2 cl 186.234

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 to refuse to grant the applicants Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 2 June 2016. The delegate refused to grant the visas on 9 January 2017.

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 (the Regulations).

   Did Mr Barrett-Russo have a skills assessment?

3. On 22 March 2018 the Tribunal received from Mr Barrett-Russo a skilled migration assessment (assessment) dated 26 August 2013 by “International FutureSkills”, a registered skills organisation approved by the Trade Recognition Authority.

4. This assessment referred to Mr Barrett-Russo as having been successful in the nominated position of Electrician (General) – ANZSCO Code 341111.

5. Mr Barrett-Russo explained that he incorrectly supplied to the Department the certificate relating to obtaining his electrician’s licence which he continues to hold. He should have supplied the assessment.

6. The Tribunal is satisfied Mr Barrett-Russo has complied with cl. 186.234(2)(a).

7. The Tribunal is satisfied the assessment is not for a subclass 485 (Temporary Graduate) visa, and therefore cl.186.234(2)(aa) is satisfied.

   Was the assessment within the three year period?

8. The assessment is dated 26 August 2013 which is within the three year period immediately before the making of the EN-186 visa application on 2 June 2016. The Tribunal is satisfied that Mr Barrett-Russo has complied with cl.186.234(2)(ac) as cl. cl.186.234(2)(ab) does not apply as a time of its validity has not stated in the assessment.

9. In light of the new evidence received, the Tribunal is satisfied that the criteria specified in cl.186.234(2) is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

10. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

    ·cl.186.234(2) of Schedule 2 to the Regulations

    Ian Berry
    Member