BERRA (Migration)

[2019] AATA 2865

BERRA (Migration) [2019] AATA 2865 (27 February 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Alessandro BERRA

CASE NUMBER:  1827900

DIBP REFERENCE(S):  BCC2018/1067281

MEMBER:Ian Berry

DATE:27 February 2019

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

·cl.485.224 of Schedule 2 to the Regulations.

Statement made on 27 February 2019 at 11:05am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – skills assessment – chef – tribunal received successful assessment – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 485.224

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 applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant (Mr Berra) applied for the visa on 6 March 2018. The delegate refused to grant the visa on 6 September 2018.

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).

3. On 29 January 2019 the Tribunal received the TRA Provisional Skills Assessment Application Result dated 29 January 2019. The result stated ‘your Provisional Skills Assessment application has been assessed as SUCCESSFUL for the occupation of Chef  - 351311.’ 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 application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·cl.485.224 Of Schedule 2 to the Regulations.

   Ian Berry
   Member