Cao (Migration)

[2018] AATA 5509

Cao (Migration) [2018] AATA 5509 (13 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Zheng Cao

CASE NUMBER:  1830888

DIBP REFERENCE(S):  BCC2018/3154783

MEMBER:Cathrine Burnett-Wake

DATE:13 November 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.485.212 of Schedule 2 to the Regulations

Statement made on 13 November 2018 at 12:25pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – English language ability – evidence not provided – new evidence received – decision under review remitted

LEGISLATION
Migration Act 1958,s 65
Migration Regulations 1994, Schedule 2, cl 485.212

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 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 21 August 2018. The delegate refused to grant the visa on 12 October 2018.

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 22 October 2018, the Tribunal received a PTE Academic Institution Score Report for a test the applicant undertook on 17 August 2018. The report reflects the applicant achieved an Overall Score of 51 and achieved at least the minimum required score of 36 in each test component. The Tribunal verified these results direct with the test provider, Pearson’s. 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.485.212 of Schedule 2 to the Regulations

   Cathrine Burnett-Wake
   Member