Corazza (Migration)

[2018] AATA 5608

Corazza (Migration) [2018] AATA 5608 (22 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Elia Corazza

CASE NUMBER:  1806188

DIBP REFERENCE(S):  BCC2016/4067311

MEMBER:Sheridan Lee

DATE:22 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 457 visa:

·cl.457.223(4)(eb), and

·cl.457.223(4)(ec) of Schedule 2 to the Regulations.

Statement made on 22 November 2018 at 3:25pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – English language requirements – test results submitted to Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 457.223

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 Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 2 December 2016. The delegate refused to grant the visa on 16 February 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. The Tribunal has before it a PTE Academic Institution Score Report in respect of the applicant, issued 29 October 2018. The applicant achieved an overall score of 55 and met the minimum scores in each of the test components. 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 457 visa:

   ·cl.457.223(4)(eb), and

   ·cl.457.223(4)(ec) of Schedule 2 to the Regulations.

   Sheridan Lee
   Member