Dockery (Migration)

[2018] AATA 4889

Dockery (Migration) [2018] AATA 4889 (15 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Sinead Roseanne Dockery

CASE NUMBER:  1713765

DIBP REFERENCE(S):  BCC2017/735228

MEMBER:Michael Cooke

DATE:15 October 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 190 visa:

·cl.190.214(2) of Schedule 2 to the Regulations

Statement made on 15 October 2018 at 4:47pm

CATCHWORDS
MIGRATION – Skilled Nominated (Permanent) visa – Subclass 190 Skilled Nominated –evidence of English language ability – IELTS test score – proficient English – decision under review remitted


LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 190.214

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 Nominated (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 23 February 2017. The delegate refused to grant the visa on 22 June 2017.

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 15 October 2018 the Tribunal received an IELTS test score from the applicant indicating that she had scored at least 7 in each of the four test components of speaking, reading, writing and listening. This would indicate she now has Proficient English and thus will add a further score of 10 points to her score summary. When added to her existing score of 55 points this makes 65 points which is 5 points more than required for the visa. 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 190 visa:

   ·cl.190.214(2) of Schedule 2 to the Regulations

   Michael Cooke
   Senior Member