Chen (Migration)

[2021] AATA 2324

Chen (Migration) [2021] AATA 2324 (3 May 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Chin-Chin Chen
Ms Pei-Pei Lee

CASE NUMBER:  2000678

HOME AFFAIRS REFERENCE(S):          BCC2019/4268422

MEMBER:Antonio Dronjic

DATE:3 May 2021

PLACE OF DECISION:  Melbourne

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

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

Statement made on 03 May 2021 at 3:38pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa– Subclass 485 (Temporary Graduate)) visa – successful TRA skills assessment result provided – Chef/Cook – 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 Home Affairs to refuse to grant the applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 7 August 2019. The delegate refused to grant the visas on 31 December 2019.

2. The delegate refused the visas because the first named applicant did not satisfy cl.485.224 of Schedule 2 to the Regulations because she did not provide a skills assessment for her nominated skilled occupation.

3. On 27 April 2021 the Tribunal received a copy of the provisional skills assessment results from Trades Recognition Australia dated 21 January 2020 as evidence that the applicant’s skills assessment application for her nominated occupation of a Chef – 351311/Cook (ANZSCO 351411) has been successful. Considering the new evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

4. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

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

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

   Antonio Dronjic
   Member