Mutano (Migration)

[2021] AATA 3169

Mutano (Migration) [2021] AATA 3169 (13 August 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Macnos Tendayi Mutano

CASE NUMBER:  2108025

HOME AFFAIRS REFERENCE(S):          BCC2020/1750474

MEMBER:Mary Sheargold

DATE:13 August 2021

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.485.221 of Schedule 2 to the Regulations.

Statement made on 13 August 2021 at 6:04pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Australian study requirement – course completed within 6 months before application made – course completion letter provided to tribunal – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), ss 65, 360(2)(a)

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 to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 16 June 2020. The delegate refused to grant the visa on 21 June 2021.

2. The delegate made the decision on the basis that evidence of having completed a qualification in satisfaction of the Australian study requirement within 6 months immediately before the application was made was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 2 July 2021, the Tribunal received a course completion letter indicating that the applicant had completed his relevant qualification within 6 months of the day immediately before this application was made.  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. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicant on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·cl.485.221 of Schedule 2 to the Regulations

   Mary Sheargold
   Member