Singh (Migration)

[2018] AATA 5633

Singh (Migration) [2018] AATA 5633 (4 October 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jarnail Singh

CASE NUMBER:  1827203

DIBP REFERENCE(S):  BCC2018/1712544

MEMBER:Antonio Dronjic

DATE:4 October 2018

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(1) of Schedule 2 to the Regulations

Statement made on 04 October 2018 at 11:02am

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 – Chef – evidence of skills assessment provided – decision under review remitted

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, 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 Immigration 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 18 April 2018. The delegate refused to grant the visa on 27 August 2018.

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 (the Regulations).

3. On 21 September the Tribunal received Trades Recognition Australia (TRA) assessment results indication that the applicant has been successful with his skills assessment application for the nominated occupation of a Chef. 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

4. 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(1) of Schedule 2 to the Regulations

   Antonio Dronjic
   Member