Riyas (Migration)

[2020] AATA 3290

Riyas (Migration) [2020] AATA 3290 (15 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Rohina Riyas

CASE NUMBER:  2008274

HOME AFFAIRS REFERENCE(S):          BCC2017/3375236

MEMBER:Warren Stooke AM

DATE:15 June 2020

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.485.311 of Schedule 2 to the Regulations

Statement made on 15 June 2020 at 2:11pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa– Subclass 485 (Temporary Graduate)) visa –dependent of the primary applicant – birth certificate provided – member of a family unit – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65, 360
Migration Regulations 1994, Schedule 2, cls 485.231, 485.311

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 and Border Protection 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 15 September 2017. The delegate refused to grant the visa on 3 October 2017.

2. The delegate made the decision concerning the applicant in this case on the basis that the applicant was found not to be a member of a family unit that satisfied the requirements of cl.485.311 on the basis that evidence or material was not provided, as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. The primary applicant, with whom the applicant in this case is a dependent, appeared before the Tribunal on 22 April 2020 to give evidence and present arguments.

4. The Tribunal has examined the birth Certificate of the applicant, which was issued in the State of Victoria [Registration Number 64136/2014] and is satisfied that the applicant is the natural born child and dependent of the primary applicant and her spouse, having been born on 27 October 2014.

5. The representative for the primary applicant [Case Matter: 1724776] submitted at hearing that the delegate made the decision on the basis of incorrect evidence provided by Charles Sturt University for the Master of Business Administration course undertaken by the primary applicant, with the reference Code 045877G. This code identified that the course was of 70 weeks duration, rather than 104 weeks, which was the duration of the correct course with the designated CRISCOS Code: 068168C.

6. On the basis that the primary applicant has met cl.485.231, it follows that the secondary applicant, in this case, is a member of a family unit that has satisfied the required criteria for the grant of a 485 visa. In light of the evidence received, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

7. 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

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

   ·cl.485.311 of Schedule 2 to the Regulations

   Warren Stooke AM
   Member