Marambio Cavieres (Migration)

[2019] AATA 2268

Marambio Cavieres (Migration) [2019] AATA 2268 (24 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Guillermo Maximiliano Marambio Cavieres
Mrs Maria De Los Angeles Merlino
Miss Malania Marambio Merlino
Master Segundo Marambio Merlino

CASE NUMBER:  1814706

DIBP REFERENCE(S):  BCC2017/3755027

MEMBER:Sheridan Lee

DATE:24 May 2019

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 457 visa:

·cl.457.223(4)(eb) of Schedule 2 to the Regulations

Statement made on 24 May 2019 at 10:21am

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 – evidence of English language ability provided –decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 457.223

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 Temporary Business Entry (Class UC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 13 October 2017. The delegate refused to grant the visas on 7 May 2018.

2. The delegate made the decision on the basis that evidence of English language ability was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The Tribunal has before it an IELTS Test Report Form dated 20 February 2019 confirming that the applicant has completed the English language test and achieved the minimum required score. 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. As the second, third and fourth named applicants applied on the basis of being a member of the family unit of the first named applicant, their application will be determined by reference to the outcome of the first named applicant’s application on remittal to the Department 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 457 visa:

   ·cl.457.223(4)(eb) of Schedule 2 to the Regulations

   Sheridan Lee
   Member