Li (Migration)

[2018] AATA 5587

Li (Migration) [2018] AATA 5587 (24 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Huashen Li

CASE NUMBER:  1614911

DIBP REFERENCE(S):  BCC2016/2382544

MEMBER:Warren Stooke AM

DATE:24 October 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.485.231(3) of Schedule 2 to the Regulations

Statement made on 24 October 2018 at 2:41pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 visa  – evidence of completion of 2 years study toward a postgraduate qualification requirements – changes  to Masters  course  degree – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994, Schedule 2, cl 485.231(3)

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 17 July 2016. The delegate refused to grant the visa on 26 August 2016.

2. The delegate made the decision on the basis that evidence of completion of 2 years study toward a postgraduate qualification to satisfy the criteria pertaining to Regulation 485.231(3) was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 17 October 2018, the applicant appeared before the Tribunal to present evidence concerning compliance with the criteria pertaining to the satisfaction of Regulation 485.231(3). In this regard, the Tribunal received correspondence on 20 September 2018, which provided the following information:

   "To Whom it May Concern,

   I write to certify that Miss Li completed the 2 year, 96 pt Master of Tourism at Monash University in 2016.

   There has been some confusion over her course code, due to the changes to the Masters degrees by the Australian Qualifications Framework. At the time of applying for the Master of Tourism (code 3067) which she commenced in Semester 2, 2014 with a duration of 1.5 years, all of our coursework Masters were undergoing approval for the new 2 year duration. After two semesters Miss Li transferred to the Master of International Sustainable Tourism Management (code 4107) which was already a 2 years Masters under the old coding system. At the end of 2015 Miss Li decided she wanted more flexibility in her Masters course to choose business electives and therefore was advised by the course coordinator to transfer back to the Master of Tourism, therefore she applied to transfer to the Master of Tourism (code A6009), however, due to an error she was transferred to the old code 3067. This error has now been rectified and the student has been course completed under A6009 Master of Tourism — this however, will not reflect in Prisms as the eCoE was issued under 3067.

   We ask that you please review Miss Li's application and she not be disadvantaged by the administrative error."

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

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

   ·       cl.485.231(3) of Schedule 2 to the Regulations

Warren Stooke AM
Member