Kaur (Migration)

[2018] AATA 544

Kaur (Migration) [2018] AATA 544 (5 March 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Vardeep Kaur
Mr Jagjit Singh
Miss Ekamroop Kaur
Miss Eveleen Kaur

CASE NUMBER:  1704272

DIBP REFERENCE(S):  BCC2016/2987659

MEMBER:Antonio Dronjic

DATE:5 March 2018

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

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

Statement made on 05 March 2018 at 2:56pm

CATCHWORDS

Migration – Skilled (Provisional) (Class VC) – Subclass 485 (Temporary Graduate) – Skills assessment – Suitable for the nominated skilled occupation

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 applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 5 September 2016. The delegate refused to grant the visas on 17 February 2017.

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 23 February 2018 the Tribunal received provisional skills assessment application results from TRA dated 22 March 2017 as evidence that the first named applicant’s application for skills assessment for the nominated occupation of a Chef has been successful.

4. The Tribunal finds that the first named applicant’s skills have been assessed as suitable for the nominated skilled occupation by the relevant assessing authority, and that the first named applicant therefore satisfies the requirements of cl.485.224(1). The appropriate course is to remit the matter for reconsideration.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

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

   Antonio Dronjic
   Member