Pan (Migration)

[2023] AATA 2564

Pan (Migration) [2023] AATA 2564 (3 August 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Lingling Pan

REPRESENTATIVE:  Ms Ye Fan (MARN: 1793364)

CASE NUMBER:  2114795

HOME AFFAIRS REFERENCE(S):          BCC2021/13255

MEMBER:Mary Sheargold

DATE:3 August 2023

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 485.224 of Schedule 2 to the Regulations

Statement made on 03 August 2023 at 3:52pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – successful skills assessment provided to tribunal – decision made without hearing necessary – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 65, 360(2)(a)
Migration Regulations 1994 (Cth), Schedule 2, cl 485.224

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 (Cth) (the Act). The applicant applied for the visa on 18 January 2021. The delegate refused to grant the visa on 4 October 2021.

2. The delegate made the decision on the basis that evidence of a skills assessment 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 22 October 2021, the Tribunal received a copy of the applicant’s successful skills assessment from Australian Children’s Education & Care Quality Authority dated 8 June 2021 for her nominated occupation of Child Care Centre Manager.  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 485.224 of Schedule 2 to the Regulations.

   Mary Sheargold
   Member