Shah (Migration)

[2019] AATA 4064

Shah (Migration) [2019] AATA 4064 (18 July 2019)

DECISION RECORD

DIVISION:  Migration & Refugee Division

APPLICANT:  Sanjog Shah

CASE NUMBER:  1917016

HOME AFFAIRS REFERENCE:               BCC2018/5914323

MEMBER:  Lilly Mojsin

DATE:  18 July 2019

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for a GK – Temporary Skill Shortage (Class GK) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 482 visa:

·cl.482.212(4) of Schedule 2 to the Regulations

Statement made on 18 July 2019 at 4:46pm

CATCHWORDS

MIGRATION – Temporary Skill Shortage (Class GK) – Subclass 482 Temporary Skill Shortage – necessary skills – skills assessment provided upon review – decision under review remitted

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2 cl 482.212

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 on 6 June 2019 to refuse to grant the visa applicant a GK – Temporary Skill Shortage (Class GK) Subclass 482 visa under s.65 of the Migration Act 1958 (the Act).

1. The visa applicant applied for the visa on 2 January 2019.

1. The criteria for a GK – Temporary Skill Shortage (Class GK) Subclass 482 are set out in Schedule 2 to the Migration Regulations the Regulations).

1. The delegate refused to grant the visa on the basis that the applicant had not provided evidence that he had demonstrated he met cl.482.212(4).

1. In reaching its decision the Tribunal did not find it necessary to invite the applicant to a hearing, as it was able to decide the review in the applicant's favour on the basis of the material before it: s.360(2)(a) of the Act.

1. REASONS AND FINDINGS

1. The applicant, applied for a Temporary Skill Shortage (Class GK) (Subclass 482) visa, on the basis that he had been nominated for the position of Cook (ANZSCO 351411) by his employer The Italian Street Pty Ltd.

1. Clause 482.212(4) states:

(4) If the Minister requires the applicant to demonstrate that he or she has the skills that are necessary to perform the tasks of the nominated occupation, the applicant demonstrates that he or she has those skills in the manner specified by the Minister.

1. The applicant attached to his visa application evidence that he had commenced a TRA TSS Skills Assessment for his nominated occupation.

1. On 25 June 2019 the applicant was granted, by the relevant assessing authority specified, Trades Recognition Australia TRA TSS a favourable Skills Assessment for the nominated occupation Cook (ANZSCO 351411).

1. On basis of the above findings, the applicant meets cl.482.212(4).

DECISION

1. The Tribunal remits the application for a GK – Temporary Skill Shortage (Class GK) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 482 visa:

·cl.482.212(4) of Schedule 2 to the Regulations

Lilly Mojsin Member

Case Number 1917016  Page 2 of 2