Empleo (Migration)

[2021] AATA 3425

Empleo (Migration) [2021] AATA 3425 (11 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Ronald Munoz Empleo

CASE NUMBER:  2106827

HOME AFFAIRS REFERENCE(S):          BCC2019/5011630

MEMBER:Namoi Dougall

DATE:11 August 2021

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 482 visa:

·cl.482.223 of Schedule 2 to the Regulations

Statement made on 11 August 2021 at 2:42pm

CATCHWORDS
MIGRATION –Temporary Skill Shortage (Class GK) visa – Subclass 482– evidence of English language ability provided – decision under review remitted 

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cl 482.223

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 Home Affairs to refuse to grant the applicant a GK – Temporary Skill Shortage (Class GK) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 7 October 2019. The delegate refused to grant the visa on 5 May 2021.

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 June 2021 the Tribunal received an IELTS Test Report Form dated 10 May 2021 which indicates that the applicant has received test results of 5.0 for all categories except for reading where he received a test score of 4.5. 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.

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 applicant 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 applicant meets the following criteria for a Subclass 482 visa:

   ·cl.482.223 of Schedule 2 to the Regulations

   Namoi Dougall
   Member