Nakarmi (Migration)

[2022] AATA 1951

Nakarmi (Migration) [2022] AATA 1951 (9 May 2022)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Tri Ratna Nakarmi

REPRESENTATIVE:  Ms Harvinder Kaur Bola (MARN: 0324812)

CASE NUMBER:  2116314

HOME AFFAIRS REFERENCE(S):          BCC2021/1631701

MEMBER:Mary Sheargold

DATE:9 May 2022

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 482 visa:

·cl 482.232 of Schedule 2 to the Regulations; and

·Public Interest Criterion 4007 for the purposes of cl.482.217(1) of Schedule 2 to the Regulations.

Statement made on 09 May 2022 at 2:06pm

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – English language proficiency – IMMI 18/032 – PTE test results – health criteria – medical assessment – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360
Migration Regulations 1994 (Cth), Schedule 2, cls 482.217, 482.232; Schedule 4, PIC 4007

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 GK – Temporary Skill Shortage (Class GK) visa under s 65 of the Migration Act 1958 (Cth) (the Act). The applicant applied for the visa on 23 August 2021. The delegate refused to grant the visa on 9 November 2021.

2. The delegate made the decision on the basis that evidence of English language ability was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (Cth) (the Regulations).

3. On 10 November 2021, the Tribunal received a copy of the applicant’s PTE test results indicating he met the minimum overall standard and minimum standard in each of reading, writing, listening and speaking as required under IMMI 18/032.  On 2 May 2022, the Tribunal confirmed that the applicant had completed the required medical assessment with a satisfactory result, thus confirming he meets the requirement in Public Interest Criterion 4007.  In light of the new evidence received, the Tribunal is satisfied that the criteria in relation to the English language test and medical assessment are 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 482 visa:

   ·cl 482.232 of Schedule 2 to the Regulations; and

   ·Public Interest Criterion 4007 for the purposes of cl.482.217(1) of Schedule 2 to the Regulations.

   Mary Sheargold
   Member