Monga (Migration)

[2022] AATA 2971

Monga (Migration) [2022] AATA 2971 (2 September 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mrs Neha Lakhanpal Monga
Mr Varun Monga
Miss Ivanna Monga

REPRESENTATIVE:  Mr Harpal Bajwa (MARN: 0955800)

CASE NUMBER:  1922644

HOME AFFAIRS REFERENCE(S):          BCC2019/2597548

MEMBER:Warren Stooke AM

DATE:2 September 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the applications for Skilled (Provisional) (Class VC) visas for reconsideration, with the direction that the first named applicant and second named applicants, respectively, meet the following criteria for a Subclass 485 visa:

·cl 485.221 of Schedule 2 to the Regulations;

·cl 485.222 of Schedule 2 to the Regulations and

·cl 485.311 of Schedule 2 to the Regulations.

Statement made on 02 September 2022 at 11:56am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – graduate work stream – Australian study requirement – qualification closely related to nominated occupation – qualification in international community development and occupation of early childhood teacher – comparison of units of course and tasks of occupation – whole of qualification and whole of occupation – limitations of ANZSCO – members of family unit – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 1.15F(1), Schedule 2, cls 485.221, 485.222, 485.224(1), (1A), 485.311

CASE
Talha v MIBP [2015] FCAFC 115

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 Home Affairs on 13 August 2019 to refuse to grant the applicants Skilled (Provisional) (Class VC) visas under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The applicants applied for the visas on 17 May 2019. 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 to the present 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 (Cth) (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 visas on the basis that the first named applicant (the applicant) did not satisfy cl 485.222 of Schedule 2 to the Regulations because the course of study of a Master of International Community Development undertaken at Victoria University from 24 July 2017 to 28 November 2018 was not considered closely related the to nominated occupation of Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111.

4. The applicants appeared before the Tribunal on 15 August 2022 to give evidence and present arguments.

5. The applicants were represented in relation to the review. The representative attended the Tribunal hearing.

6. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   consideration of claims and evidence

7. The applicant is seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream which include cl.485.221 and 485.222 of Schedule 2 to the Regulations. These require that the applicant must have satisfied the ‘Australian study requirement’ in the 6 months immediately preceding the day the visa application was made (cl.485.221); and secondly, that each degree, diploma or trade qualification used to satisfy that requirement must be closely related to the applicant’s nominated skilled occupation (cl.485.222). The issue in the present case is whether the applicant meets those requirements.

8. The applicant is a 36 year old from India, who was granted a Bridging Visa A on 17 May 2019 with an 8501 health condition when her student visa ended on 30 June 2019.

9. The applicant provided evidence of health insurance with Medibank Private that commenced on 25 June 2019.

10. The applicant provided evidence of the completion of the following courses of study:

    a.Masters of International Community Development at Victoria University from 24 July 2017 to 28 November 2018;

    b.Graduate Diploma in Education (Early Childhood) at RMIT from 2 March 2015 to 30 November 2015;

    c.Maters of Education at Victoria University awarded 22 April 2015.

11. The applicant provided evidence of undertaking a Skills Assessment on the 11 January 2019 that was determined as successful for the nominated occupation of Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111.

12. The applicant undertook a PTE English language test on 15 October 2018 with an overall score of 86.

13. The applicant stated that she had applied for a State sponsored 190 visa in February 2020.

14. The applicant provided evidence of completion of the Master of International Community Development, that included the following subjects underpinning the scope of work performed by the applicant in the application of her professional skill in the workplace, as an Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111:

    a.Planning and structuring learning in both indoor and outdoor environments using a variety of materials and equipment to facilitate students’ development. (ASA 5012) Migration Culture and Identity

    b.Providing a variety of experiences and activities to develop motor skills, cooperative social skills, confidence and understanding. (EED 6013) - Post-Colonial and Indigenous approaches to learning and teaching in 21st century

    c.Promoting language development through storytelling, role play, songs, rhymes, and informal discussions held individually and within groups. (ASA 5022) Approaches to Globalisation

    d.Observing students to evaluate progress and to detect signs of ill health, emotional disturbance, and other disabilities. (ASA 5010) Transnational Gender issues and human rights

    e.Observing nutritional health, welfare and safety needs of students and identifying factors which may impede student’s progress. (ASA 5023) Building Capacity and mobilising

    f.Discussing student’s progress with parents (ASA 5002) Research Methods

    g.Attending parent interviews and staff and committee meetings.

    h.Supervising student teachers on placement - (ASA 6005) Community Research 1 and (ASA 6006) Community Research 2

    i.Participating in community and family support programs as appropriate - (ASA5001) Community Development theory and practice.

15. The applicant provided evidence that she worked in the occupation of Early Childhood (Pre-Primary School) Teacher with Our House Early Learning Centre from 15 October 2019 and then Child’s Play Tarneit West Pty Ltd from 28 July 2021 to 10 February 2022, when she entered a period of confinement prior to the birth of her child. The applicant was working for 37.5 hours per week with an hourly rate of $35.00 per hour.

    Is the qualification ‘closely related’ to the nominated occupation?

16. The evidence provided by the applicant demonstrated that the primary qualification, as an Early Childhood (Pre-Primary School) Teacher, was undertaken by the applicant prior to further studies toward a Master of International Community Development at Victoria University with a specific focus on enhancing the applicant’s knowledge toward the application of her professional skill in the workplace, as an Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111. In this regard, the Tribunal is satisfied that the Victoria University (CRICOS 083312G) is an accredited institution for the purposes of IMMI 13/031.

17. Further, the Tribunal is satisfied that the completion of the Master of International Community Development, that included the following subjects, underpins the scope of work performed by the applicant in the application of her professional skill in the workplace, as an Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111:

    ·Planning and structuring learning in both indoor and outdoor environments using a variety of materials and equipment to facilitate students’ development. (ASA 5012) Migration Culture and Identity

    The applicant submitted that in this subject the applicant learnt about different reasons of migration, multicultural society, refugees, and their resettlements and in what ways schools and societies can merge different cultures in them like how to plan indoor and outdoor activities in schools and long day cares especially during different multicultural festivals like Diwali, Eid, Chinese New Year and NADOC (National Aboriginal and Islander Day Observance Committee) week for enhancing children’s knowledge about different cultures.

    It was submitted that whilst working in Kinder every year the group celebrated different festivals like Chinese New Year, Diwali in class through several indoor and outdoor activities like painting, craft and discussions during group time.

    ·Providing a variety of experiences and activities to develop motor skills, cooperative social skills, confidence and understanding. (EED 6013) - Post-Colonial and Indigenous approaches to learning and teaching in 21st century

    It was submitted that this subject provided learning of different approaches of learning and teaching which includes different experiences that promotes children’s motor skills, social skills, and confidence in them. Even during the placements at long day care the applicant had implemented these strategies to enhance children’s skills. These approaches to learning and teaching are base of different theories used in long day cares on regular basis like The Reggio Emilia approach, Jerome Bruner’s theory of learning, Vygotsky’s theory, The Montessori Approach and Piaget theory.

    ·Promoting language development through storytelling, role play, songs, rhymes, and informal discussions held individually and within groups. (ASA 5022) Approaches to Globalisation

    The applicant submitted that with this subject she learnt about different issues that arise globally like pollution, poverty, and climate change and in what ways the applicant could introduce these topics to children through games, storytelling, and informal discussions at class. As a kinder teacher, after reading the above subject the applicant started introducing different issues to children through group time discussions, showing videos, singing songs and craft activities for their better understanding about specific issue.

    ·Observing students to evaluate progress and to detect signs of ill health, emotional disturbance, and other disabilities. (ASA 5010) Transnational Gender issues and human rights

    It was submitted that one of the topics in this subject was about the dowry system in south Asian countries. Where it shows how girls are treated inferior. They are forced to do house chores that impacts their health and education whereas on the other hand boys get better education as compared to girls. As a social worker the applicant stated, we have to work collaboratively with teachers to evaluate ill health and other disabilities in children and find appropriate strategies. During the professional development of kinder teachers, meetings and seminars by social workers are arranged to provide knowledge about different gender issues and human rights.

    ·Observing nutritional health, welfare and safety needs of students and identifying factors which may impede student’s progress. (ASA 5023) Building Capacity and mobilising

    It was submitted that in this subject the applicant did a literature review on Brain Drain. Where it was read that how in recent years students from India and China come for studies in developed countries where they encounter problems related to health, welfare and safety that hinders their progress. So here social workers of International Community Development help these students through different measures like providing them financial and medical aids, free consultancy and many more. Family support workers and Social workers comes to long day cares to help children with special needs and victim of domestic violence or physical abuse.

    ·Discussing student’s progress with parents (ASA 5002) Research Methods

    In this subject the applicant submitted that she did research on immigrant parents and early childhood educators where different strategies were discussed how International Community Development find effective ways to enhance multicultural parents’ participation in early years. The applicant, as a kinder teacher, after studying this subject I used strategies like inviting parents to the classroom, be creative in
    communication, tackle language barrier, using social media to connect with
    parents, family nights, online advice videos and many more to discuss student
    progress with parents.

    ·Attending parent interviews and staff and committee meetings.

    ·Supervising student teachers on placement - (ASA 6005) Community Research 1 and (ASA 6006) Community Research 2

    It was submitted that research was done in these subjects which was based on children aged 0-5 and their respective families. Research was done at long day care. During this research parent interviews were done to address dire need of the community.
    Permission was taken from the Director of long day care to supervise student
    teachers and give them different strategies to interact with parents from different
    cultures. Main aim of the study was focus on children development in early years.

    ·Participating in community and family support programs as appropriate - (ASA5001) Community Development theory and practice.

    It was submitted that while studying this subject the applicant learnt about different aspects of International Community Development like Community Development is a process where different members of community come together to solve issues of society. The course provided multilayer support like family, emotional, welfare and health to multicultural people and different genders. They are basically centre base and school based. Even teachers also work as active members of these organisations.

    It was submitted that while working as a kinder teacher the applicant
    volunteered for specific task with social workers by providing pamphlets to parents, advertising door to door and arranging family nights at long day care.

18. The Tribunal is satisfied that the Master of International Community Development course undertaken by the applicant has provided specialist skills to work in the nominated occupation of Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111, with children from culturally diverse backgrounds, particular to the multicultural school settings where she has performed her work.

19. The Tribunal considers the applicant to be an exceptionally well trained Early Childhood (Pre-Primary School) Teacher, who will contribute significantly to her chosen occupation.

20. Further, on the basis of the evidence provided by the applicant, the Tribunal accepts that the Master of International Community Development undertaken by the applicant was closely related to the occupation of Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111, which sets out the duties in the following general descriptor:

    “UNIT GROUP 2411 EARLY CHILDHOOD (PRE-PRIMARY SCHOOL) TEACHERS

    EARLY CHILDHOOD (PRE-PRIMARY SCHOOL) TEACHERS teach the basics of numeracy, literacy, music, art and literature to early childhood (pre-primary) students and promote students' social, emotional, intellectual and physical development.

    Indicative Skill Level:
    In Australia and New Zealand:

    Most occupations in this unit group have a level of skill commensurate with a bachelor degree or higher qualification. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification (ANZSCO Skill Level 1).

    
    Registration or licensing may be required.

    Tasks Include:

    oplanning and structuring learning in both indoor and outdoor environments using a variety of materials and equipment to facilitate students' development

    oproviding a variety of experiences and activities to develop motor skills, cooperative social skills, confidence and understanding

    opromoting language development through story telling, role play, songs, rhymes and informal discussions held individually and within groups

    oobserving students to evaluate progress and to detect signs of ill health, emotional disturbance and other disabilities

    oobserving nutritional health, welfare and safety needs of students and identifying factors which may impede students' progress

    odiscussing students' progress with parents

    oattending parent interviews, and staff and committee meetings

    oparticipating in community and family support programs as appropriate

    osupervising student teachers on placement

    
    Occupations:

    241111 Early Childhood (Pre-primary School) Teacher
    241112 Kaiako Kohanga Reo (Maori Language Nest Teacher)

    
    241111 EARLY CHILDHOOD (PRE-PRIMARY SCHOOL) TEACHER

    Alternative Title:

    Kindergarten Teacher

    
    Plans, organises and conducts activities to help pre-primary school students to develop a wide variety of skills including speech, reading, writing, motor skills and social interaction. Registration or licensing is required.

    Skill Level: 1

    Specialisation: Preschool Director”

    Does the applicant meet the Australian study requirement?

21. Under r.1.15F(1) of the Regulations, a person satisfies the ‘Australian study requirement’ if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

    ·that are registered courses; and

    ·that were completed in a total of at least 16 calendar months; and

    ·that were completed as a result of a total of at least 2 academic years study; and

    ·for which all instruction was conducted in English; and

    ·that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

22. ‘Degree’, ‘diploma’, ‘trade qualification’, ‘registered course’, ‘completed’ and ‘academic year’ are all defined terms (see rr.1.03, 1.15F and 2.26AC(6), and cl.485.111). ‘Completed’, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award (r.1.15F(2)). For the purposes of this case, one ‘academic year’ is at least a total of 46 weeks, being the duration of a course registered under the Education Services for Overseas Students Act 2000.

23. The applicant completed a Master of International Community Development at Victoria University from 24 July 2017 to 28 November 2018; a Graduate Diploma in Education (Early Childhood) at RMIT from 2 March 2015 to 30 November 2015; and a Master of Education at Victoria University awarded 22 April 2015. As such, the Tribunal is satisfied that the courses undertaken have met r.1.03 of the Regulations.

24. Further, the courses undertaken (as defined: r.2.26AC(6)) were completed in the 6 months immediately before the application for the visa was made with a minimum of 92 weeks of study.

25. The Tribunal finds that the applicant satisfied the Australian study requirement in the 6 months immediately preceding the date of the visa application. Therefore, the applicant meets cl.485.221.

26. The Tribunal is satisfied on the evidence that the applicant has maintained a continuity of study that supports her occupation as an Early Childhood (Pre-Primary School) Teacher – ANZSCO Code: 241111 and that the substantive majority of the subjects undertaken by the applicant in the courses of Master of International Community Development at Victoria University from 24 July 2017 to 28 November 2018; a Graduate Diploma in Education (Early Childhood) at RMIT from 2 March 2015 to 30 November 2015; and a Master of Education at Victoria University awarded 22 April 2015, were ‘closely related’ for the purposes of the ANZSCO: 241111.

1. The Tribunal finds that the applicant’s study for the specified qualification for the occupation of Early Childhood (Pre-Primary School) Teachers – ANZSCO Code: 241111, is supported by the attainment of Master of International Community Development at Victoria University from 24 July 2017 to 28 November 2018; a Graduate Diploma in Education (Early Childhood) at RMIT from 2 March 2015 to 30 November 2015; and a Master of Education at Victoria University awarded 22 April 2015 on the basis of the evidence provided to the Tribunal concerning the subject matter of the qualifications. In this regard, the Tribunal accepts that the individual subjects undertaken in the Master of International Community Development at Victoria University have provided the applicant with specific knowledge relevant to the performance of her teaching in a diverse community, where the cultural needs of the students and their communities are specifically understood by the teacher of such young children.

2. The Tribunal, in determining whether the course undertaken by the applicant is ‘closely related’ to the descriptor for a Early Childhood (Pre-Primary School) Teacher – ANZSCO Code: 241111, is satisfied that the course of study undertaken by the applicant, in the broader context of the of a multicultural early learning environment, that the occupation can be viewed as ‘closely related’. In this regard, the Tribunal is guided by the decision of the Full Court in Talha v Minister for Immigration and Border Protection [2015] FCAFC 115 (25 August 2015) (Griffiths, Mortimer and Beach JJ), which includes the following:

   “[53] Of course, it is ultimately a matter for the primary decision-maker and, on a statutory review, the Tribunal, to decide whether Mr Talha’s Australian studies are “closely related” to his nominated skilled occupation. But in carrying out the evaluative exercise it is critical that the whole of Mr Talha’s Australian studies be compared with the whole of his nominated occupation, as established in previous decisions of the Court, including Dhillon at [20] per Allsop CJ, Murphy and Pagone J, Constantino at [26] per Jacobson J and Bhanot at [29] per Perry J. As the Full Court stated in Dhillon at [20]:

   The words “closely related” are not specifically defined in the Regulations or the relevant statutes but require, and call attention to, the connection between two things. The task to be undertaken to determine whether a qualification is “closely related” to a nominated occupation does not require the finding of an exact correspondence between the two but it does require “that the whole of the qualification must be compared with the whole of the occupation to determine whether the necessary close relationship exists”: Constantino v Minister for Immigration and Border Protection [2013] FCA 1301, [26]. That is what the Tribunal did. The Tribunal informed itself about the nature of the skilled occupation of pastry cook by considering the Australian Standard Classification of Occupations (ASCO) and compared that with the course content submitted by Mr Dhillon for the units undertaken by him in the business management course completed at the Nova Institute. At [91] the Tribunal considered that the requirement of a qualification being “closely related” to the nominated occupation required that the relationship between the skills gained in the qualification were more than merely complementary to the occupation or that the skills could be used in that occupation. The Tribunal did not ask itself an incorrect question when determining whether the qualifications relied upon by Mr Dhillon were closely related to his nominated profession of pastry cook (see Bhanot v Minister for Immigration and Border Protection [2014] FCA 848, [21], [24], [38]) and on the materials its finding was open to the Tribunal.
   
   (Emphasis added).

   The point of distinction between Dhillon and this proceeding is that the Tribunal here did not properly construe and apply the relevant parts of the ANZSCO Code which related to Mr Talha’s nominated skill occupation.”

   Has the applicant been assessed as suitable for the nominated occupation?

3. 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. In addition, if the assessment is expressed to be valid for a particular period, that period must not have ended: cl.485.224(1A).

4. There is an additional requirement if the skills assessment was based on a qualification obtained in Australia while the applicant held a student visa.

5. Whilst the applicant has been assessed by the relevant authority on 11 January 2019, the Tribunal finds that the applicant has suitable qualifications to satisfy the application of skills to the nominated occupation for the following reasons:

   a.The Guide for primary decision makers, as contained in PAM3 and an AAT merits review of Part 5 (reviewable decisions) advises that a skilled occupation assessment by a specified assessing authority is not an opinion that the AAT must accept, as correct. In this regard, the Tribunal finds that the intention of a 485 visa is to provide the applicant with an opportunity to enhance their learning through access to practical on the job work experience.

   b.Whilst, ANZSCO is a valuable tool to be used in the classification of occupations, it provides a basis for the standardised collection, analysis and dissemination of occupation data for Australia and New Zealand. The use of ANZSCO has resulted in improved comparability of occupation statistics produced by the two countries. In addition, ANZSCO is intended to provide an integrated framework for storing, organising and reporting occupation-related information in both statistical and client-oriented applications, such as matching job seekers to job vacancies and providing career information[1]. As such, the Tribunal finds that it should not be construed that a designated skill level, should exclude persons with qualifications, at Skill Level 2 from accessing career development opportunities in an occupational stream, where the learnings of an applicant are directly matched with the occupation;

   [1] 1220.0 - ANZSCO - Australian and New Zealand Standard Classification of Occupations, First Edition, Revision –June 2009 

   c.The Tribunal is cognisant that ANZSCO has been used in ABS and Statistics NZ censuses and surveys where occupation data are collected from 2006. ANZSCO has also been progressively introduced into administrative data collections and should not be construed as the final arbiter for discerning whether an applicant’s skills and knowledge meet the occupational criteria for the nominated occupation[2]. In these circumstances, it is appropriate for the Tribunal to take a holistic view in the context of the purpose for which the support instrument is intended;

   [2] Ditto

   d.The Department of Immigration and Border Protection’s Discussion Paper Reviewing the Skilled Migration and 400 Series Visa Programmes September 2014 states at page 11:

   “While ANZSCO is a broader occupational classification system than ISCO, it is not a definitive list in Australia. As a result, it is limited in its ability to adapt to changes in existing occupational skill requirements or emerging occupations which are often influenced by rapid developments in technologies. This often results in prospective migrants fitting one or more occupations (or none at all) and confusion among sponsors.”

   e.The Tribunal notes that the EY submission to the Department of Employment’s public consultation on draft methodology for review of skilled migration occupation lists[3], included the following statement:

   “It is widely accepted that ANZSCO is backwards looking and inflexible. It is not exhaustive, does not accommodate roles that require multiskilling nor does it capture emerging occupations. ANZSCO has no capacity to cater to industries of the future and provide a framework to support innovation in Australia.”

   f.The Tribunal notes that the Skills Supply and the ANZSCO Codes: Urgent Concerns and Implications for AgriFood Industry Sustainability by Dr Rochelle Ball and Mark Cody [4], included the following statement:

   “The industry has strong informal recruitment and skilling systems that do not feature in current national skill demand surveys conducted by such agencies as DEEWR. These surveys are used to determine skills shortages by occupation with many Agrifood occupations failing to be recorded on national skilled occupational listings (SOL). Agrifood Industry demand is further thwarted by current classifications and definitions contained in the ABS ANZSCO series. The Agrifood Industry has experienced considerable skills deepening and broadening as new technician and trade level roles become more pronounced across the industry. These roles and the qualifications that match them are commonly not evident within ANZSCO. The flow on effect of the limitations within ANZSCO impact on a wide range of labour market and migration initiatives. At the heart of these impacts is a lack of recognition of the occupations and roles within the Agrifood Industry. Typical results have been a smaller percentage of migrants being deployed to regional areas to work in food and fibre production sectors and numerous industry requests for skilled migrant labour being refused on the basis of incorrect ANZSCO classifications. This paper seeks to identify the main occupational changes within the Agrifood industry and the more obvious gaps within ANZSCO.”

   [3] Ernst & Young (EY) submission to the Department of Employment’s public consultation on draft methodology for review of skilled migration occupation lists, 20 October 2017.

   [4] Skills Supply and the ANZSCO Codes: Urgent Concerns and Implications for AgriFood Industry Sustainability by Dr Rochelle Ball and Mark Cody (Synopsis on page 1)

6. On the basis of the foregoing commentary and the focus upon the limitations of ANZSCO, the Tribunal is satisfied that the applicant has an appropriate qualification to engage in the nominated occupation of Early Childhood (Pre-Primary School) Teacher – ANZSCO Code: 241111.

7. Therefore, the requirements of cl.485.224 are met.

8. As the applicant’s qualification is closely related to the nominated skilled occupation, the applicant meets cl.485.222.

9. Accordingly, cl.485.222 is met.

10. On the basis of the above findings, the Tribunal finds that the applicant meets the requirements of cl.485.221 and 485.222. The appropriate course is to remit the visa application to the Minister to consider the remaining criteria for the visa.

11. Further, on the basis that the primary applicant has met the requirements for the grant of a 485 visa, it follows that the secondary applicant, as a member of the family unit of the primary applicant, has met cl.485.311 for the grant of a 485 visa

    decision

12. The Tribunal remits the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the first named applicant and the second named applicants, respectively, meet the following criterion for a Subclass 485 visa:

    ·cl.485.221 of Schedule 2 to the Regulations;

    ·cl.485.222 of Schedule 2 to the Regulations; and

    ·cl.485.311 of Schedule 2 to the Regulations.

    Warren Stooke AM
    Member