Musiran (Migration)

[2021] AATA 2715

Musiran (Migration) [2021] AATA 2715 (3 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Nur Musfirah Izzati Musiran

CASE NUMBER:  2004600

DIBP REFERENCE(S):  BCC2019/6740935

MEMBER:Tim Connellan

DATE AND TIME OF

ORAL DECISION AND REASONS:         3 June 2021 at 1:20 pm (VIC time)

DATE OF WRITTEN RECORD:                4 July 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the decision under review with the direction that the applicant meets clause 485.212.

Statement made on 04 July 2021 at 1:26pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – English language requirement – IELTS Test results provided upon review – decision under review remitted        

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 Immigration on 17 February 2020 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. At the hearing on 3 June 2021, 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. Ms Nur Musfirah Izzati Musiran, you applied for a 485 Temporary Graduate Post-Study visa on 18 December 2019.  The delegate considered your application and on 17 February 2020 refused your application on the basis that you did not satisfy 485.212, in that you had not provided evidence that you met the English language requirements.  You appealed that decision to be reviewed by this tribunal.  With your application you included a copy of the primary decision.

4. You explained that you had ticked, ‘no,’ to having not done an IELTS or an English test in the previous 36 months, or carrying a passport that gave you an exemption, and you believed the Department would contact you and get you to provide such evidence.  That did not happen.  Instead, you received a notice of refusal.  You had subsequently sat an IELTS test on 15 February 2020 in which you achieved an overall band score of 7.5.  In that test you scored 8 for listening, 8 for reading, 7 for writing, 7.5 for speaking, with, as I said, an overall band score of 7.5.

5. The tribunal is satisfied that the new evidence provided satisfies the English language requirement, and it is therefore the intention of the tribunal to remit this matter to the Department with the instruction that you do satisfy clause 485.212.

   DECISION

6. The Tribunal remits the decision under review with the direction that the applicant meets clause 485.212. 

   Tim Connellan
   Member