Dhaliwal (Migration)

[2019] AATA 1545

Dhaliwal (Migration) [2019] AATA 1545 (29 January 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Kulvinder Kaur Dhaliwal
Mr Gurdeep Singh Dhaliwal

CASE NUMBER:  1834891

DIBP REFERENCE(S):  BCC2018/2473447

MEMBER:Antonio Dronjic

DATE:29 January 2019

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 29 January 2019 at 4:56pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Chef – evidence of skills assessment provided – skills assessment for nominated occupation successful – 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 applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 2 July 2018. The delegate refused to grant the visas on 16 November 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 19 December 2018 the Tribunal received a provisional skills assessment application results from TRA dated 7 December 2018 as evidence that the first named applicant’s application for skills assessment for the nominated occupation of a Chef has been successful.

4. 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

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