Park (Migration)

[2019] AATA 1091

Park (Migration) [2019] AATA 1091 (23 May 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Hae Sung Park
Mrs Hye Ran Jang
Mr Seunghyuk Park

CASE NUMBER:  1830149

DIBP REFERENCE(S):  BCC2018/2720733

MEMBER:Mr S Norman

DATE:23 May 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 482 visa:

·cl.482.223(1) of Schedule 2 to the Regulations

Statement made on 23 May 2019 at 3:25pm

CATCHWORDS
MIGRATION – GK – Temporary Skill Shortage (Class GK) visa – Subclass 482 – English language ability – not eligible for exemption – IELTS test results provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl 482.223(1)

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 Immigration to refuse to grant the applicants GK – Temporary Skill Shortage (Class GK) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 20 July 2018. The delegate refused to grant the visas on 26 September 2018.

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 (the Regulations). In their decision, the delegate stated:

3. After then noting the applicant did not fit within any of the exemptions (which the Tribunal accepts), the delegate refused to grant the GK – Temporary Skill Shortage (Class GK) visas.

4. With the Tribunal, the applicant subsequently lodged IELTS test results achieved in a single sitting on 6 April 2019.[1] These results were as follows:

   ·Listening        -          5

   ·Reading         -          5

   ·Writing            -          4.5

   ·Speaking        -          5

   ·Overall Band   -          5

   [1] Tribunal – folio 26.

5. 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.

   decision

6. The Tribunal remits the application for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 482 visa:

   ·cl.482.223(1) of Schedule 2 to the Regulations

   Mr S Norman
   Member