Cahayon (Migration)

[2018] AATA 3822

Cahayon (Migration) [2018] AATA 3822 (31 July 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Melvin Cahayon

CASE NUMBER:  1622504

DIBP REFERENCE(S):  BCC2016/2837996

MEMBER:Antonio Dronjic

DATE:31 July 2018

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 485 visa:

·cl.485.224(1) of Schedule 2 to the Regulations

Statement made on 31 July 2018 at 4:22pm

CATCHWORDS
Migration – Skilled (Provisional) (Class VC) visa – Subclass 485 – Civil Engineering Draftsperson (ANZSCO 312211)  – Successful  Skills Assessment provided – Decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 applied for the visa on 26 August 2016. The delegate refused to grant the visa on 14 December 2016.

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 28 June 2018 the Tribunal received skills the assessment application results from VETASSESS dated 27 June 2018 as evidence that his application for skills assessment for the nominated occupation of a Civil Engineering Draftsperson (ANZSCO 312211) has been successful.

4. The Tribunal finds that the applicant’s skills have been assessed, during the last three years, as suitable for the nominated skilled occupation by the relevant assessing authority, and that the applicant therefore satisfies the requirements of cl.485.224(1).

5. 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

6. 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(1) of Schedule 2 to the Regulations

   Antonio Dronjic
   Member