Matombe (Migration)

[2018] AATA 4291

Matombe (Migration) [2018] AATA 4291 (10 September 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Louis Sebastien Matombe

CASE NUMBER:  1821551

DIBP REFERENCE(S):  BCC2018/2014899

MEMBER:Danielle Galvin

DATE:10 September 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.485.224(1) of Schedule 2 to the Regulations

Statement made on 10 September 2018 at 12:59pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Graduate Work Stream – skills assessment – TRA provisional skills assessment evidence provided – decision under review remitted for reconsideration

PRACTICE AND PROCEDURE – no hearing invitation

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
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).

2. The applicant applied for the visa on 9 May 2018. Visa Class VC contains Subclass 485. For visa applications made before 1 July 2013, there is also a Subclass 487, however, that subclass is not relevant in this matter. The criteria for the grant of a Subclass 485 visa are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (the Regulations). The primary criteria must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria.

3. The delegate refused to grant the visa on 5 July 2018 as the applicant did not satisfy cl.485.224(1) of Schedule 2 of the Regulations as the applicant had not provided evidence that his skills had been assessed by a relevant assessing authority as suitable for his nominated skilled occupation, Cook-351422 and Chef-351311.

4. The applicant was represented in relation to the review by his migration agent..

5. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration. Pursuant to section 360(2)(a) of the Act the Tribunal did not consider that a hearing would be necessary, as it was able to find in favour of the applicant on the basis of the material before it.

6. The applicant is seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work Stream which includes 485.224 of Schedule 2 of the Regulations. This criteria is concerned with the applicant’s skills in relation to their nominated skilled occupation. The issue in the present case is whether the applicant meets those requirements.

7. Clause 485.224(1) requires that the applicant’s skills for the nominated skilled occupation have been assessed, during the last 3 years, by a relevant assessing authority as suitable for that occupation.

8. The Tribunal has received evidence from TRA Provisional Skills Assessment of the successful assessment for the occupation of both Cook and Chef, dated 31 July 2018.The Tribunal is therefore satisfied that cl.485.224(1) has been met and remits the matter for reconsideration accordingly.

   DECISION

9. 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(1) of Schedule 2 to the Regulations

   Danielle Galvin
   Member