Komaljit (Migration)

[2019] AATA 2324

Komaljit (Migration) [2019] AATA 2324 (29 March 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Singh Komaljit

CASE NUMBER:  1901732

DIBP REFERENCE(S):  BCC2018/3510833

MEMBER:Mary Sheargold

DATE:29 March 2019

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 of Schedule 2 to the Regulations

Statement made on 29 March 2019 at 9:36am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Chef – Cook – skills assessment – suitable for nominated occupation – 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 15 September 2018. The delegate refused to grant the visa on 22 January 2019.

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 8 March 2019, the Tribunal received a successful Provisional Skills Assessment letter for the applicant from Trades Recognition Australia dated 8 March 2019, indicating that the applicant has been assessed as successful for his nominated occupation of Chef (ANZSCO 351311) and Cook (ANZSCO 351411). 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

4. 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

   Mary Sheargold
   Member