Hashimoto (Migration)

[2019] AATA 3621

Hashimoto (Migration) [2019] AATA 3621 (5 July 2019)

.

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Miya Hashimoto

CASE NUMBER:  1835579

DIBP REFERENCE(S):  BCC2018/2097451

MEMBER:Ian Berry

DATE:5 July 2019

PLACE OF DECISION:  Brisbane

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 of Schedule 2 to the Regulations

Statement made on 04 July 2019 at 2:04pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa– Subclass 485 (Temporary Graduate)) visa – successful TRA skills assessment result provided –decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 15 May 2018. The delegate refused to grant the visa on 27 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 3 July 2019 the Tribunal received a TRA Provisional Skills Assessment Application Result dated 2 August 2018. 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 her letter of submission of 3 July 2019 the applicant advised that her visa application was made on 15 May 2018 but was refused by the Department on 27 November 2018 for the reason that the applicant had not given to the Department her successful TRA skills assessment result. She explained that she attempted to upload the successful skills assessment result but was unable to do so. The Tribunal now has the document.

   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 of Schedule 2 to the Regulations

   Ian Berry
   Member