Mukuntla (Migration)

[2022] AATA 2090

Mukuntla (Migration) [2022] AATA 2090 (22 June 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Vishal Kumar Goud Mukuntla

REPRESENTATIVE:  Mr Badrinath Thungathurthi (MARN: 0105837)

CASE NUMBER:  2113980

HOME AFFAIRS REFERENCE(S):          BCC2019/6231623

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:         22 June 2022 at 11:26 am (VIC time)

DATE OF WRITTEN RECORD:                23 June 2022

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 23 June 2022 at 4:12 pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – English language requirement – Pearson Test of English Academic Test results provided – tests undertaken outside the relevant period – decision under review affirmed           

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 485.212

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 4 October 2021 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (Cth) (the Act).

2. At the hearing on 22 June 2022, the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. According to the primary decision record submitted to the Tribunal, you applied for a Subclass 485 visa on 25 November 2019.

4. In your Pearson Test of English Academic (PTE academic) tests submitted to the Department and undertaken on 19 November 2019, you did not achieve an overall score of 50 as required by the relevant instrument.

5. According to your evidence, you have subsequently undertaken PTE Academic tests on 8 January 2020 and 28 January 2020, which is after the day the visa application was lodged with the Department.

6. The relevant legislative instrument specifies for cl.485.212(a)(ii) of the Regulations that the PTE Academic must have been undertaken within the three years before the day on which the application was made. As you have undertaken your PTE Academic after you lodged your visa application, you do not meet the requirements of cl.485.212(a)(ii)

7. You stated in your evidence that you do not hold any of the passports as specified by the minister in the relevant instrument. Accordingly, you do not meet the requirements of cl.485.212(b)

8. Based on the evidence before me, including your oral evidence given at today’s hearing, I am not satisfied that you meet the requirements of cl.485.212. 

   DECISION

9. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member