Gill (Migration)

[2018] AATA 5747

Gill (Migration) [2018] AATA 5747 (8 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Prabdeep Singh Gill

CASE NUMBER:  1825667

DIBP REFERENCE(S):  BCC2018/1191666

MEMBER:Antonio Dronjic

DATE:8 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 485 visa:

·cl.485.224(1) of Schedule 2 to the Regulations

Statement made on 08 November 2018 at 3:33pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Chef and Cook – skills assessment – provisional skills assessment results received – 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 applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 13 March 2018. The delegate refused to grant the visa on 14 August 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 10 October 2018 the Tribunal received a copy of the provisional skills assessment results issued by the Trades Recognition Australia on 10 October 2018. The assessment letter stated that the applicant’s skills had been assessed as suitable under the nominated occupation of a Chef and Cook.

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 applicant meets the following criteria for a Subclass 485 visa:

   ·cl.485.224(1) of Schedule 2 to the Regulations

   Antonio Dronjic
   Member