Ganeshadasan (Migration)

[2018] AATA 5630

Ganeshadasan (Migration) [2018] AATA 5630 (20 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Tharaha Ganeshadasan

CASE NUMBER:  1817857

DIBP REFERENCE(S):  BCC2018/1207805

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:          20 September 2018 at 11:10 am (VIC time)

DATE OF WRITTEN RECORD:                2 October 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 02 October 2018 at 12:01pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – lack of evidence of completion of English test – English test not taken in required timeframe – decision under review affirmed

LEGISLATION
Migration Act 1958

Migration Regulations 1994, Schedule 2, cl 485.212

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 1 June 2018 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. At the hearing on 20 September 2018 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. In her oral evidence the applicant confirmed that:

   ·She applied for subclass 485 visa on 14 March 2018. With her application, the applicant did not provide evidence of having successfully completed an acceptable English test within the 3 years immediately before the day on which this application was made;

   ·She holds Sri Lankan passport and nationality and no other passport;

   ·That on 22 March 2018 she undertook Pearson test of English Academic (PTE Academic) test and achieved an overall score of 80.

4. I explained to the applicant the requirements of cl.485.212 (a)(ii) and relevant instrument which prescribes that an IELTS test must have been undertaken within the three years before the day on which the application was made. The test she undertook on 22 March 2018 was not undertaken within the 3 years immediately before the day on which this application was made.

5. Based on the before me, including the applicant’s oral evidence, I am not satisfied that the application for a Subclass 485 visa was accompanied by the evidence that the applicant has undertaken a language test specified by the Minister in the relevant legislative instrument within the three years before the day on which the application was made. Accordingly the applicant does not meet the requirements of cl.485.212 (a)(ii) and cl.485.212(a).

6. The tribunal further finds that the applicant does not hold a passport of a type specified by the Minister in a legislative instrument made for this paragraph. Accordingly the applicant does not meet the requirements of cl.485.212 (b).

7. As clause 485.212 is not met by the applicant, the Tribunal finds the criteria for the grant of a Temporary Graduate (Post-Study Work) visa in the Post-Study Work stream are not met by the applicant.

   DECISION

8. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member