Soares Rodrigues (Migration)

[2018] AATA 5132

Soares Rodrigues (Migration) [2018] AATA 5132 (20 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Lucas Soares Rodrigues

CASE NUMBER:  1834200

DIBP REFERENCE(S):  BCC2018/1014921

MEMBER:Katie Malyon

DATE:20 December 2018

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

·cl.457.223(4)(e) of Schedule 2 to the Regulations

Statement made on 20 December 2018 at 6:09 pm

CATCHWORDS
MIGRATION – Temporary Business Entry (Class UC) visa – subclass 457 – skill assessment – Cook ANZSCO 351411 – Certificate III in Commercial Cookery – evidence provided by accredited assessor – decision under review remitted

LEGISLATION
Migration Act 1958, ss 65,

Migration Regulations 1994, Schedule 2, cl 457.223(4)(e)

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, Brazilian national Mr Lucas Soares Rodrigues, a Temporary Business Entry (Class UC) visa under s.65 of the Migration Act 1958 (the Act).  Mr Soares Rodrigues applied for the visa on 2 March 2018.  

2. The delegate refused to grant the visa on 7 November 2018 on the basis that Mr Soares Rodrigues did not meet cl.457.223(4)(e) of Schedule 2 of the Migration Regulations 1994 (the Regulations) because he did not provide evidence, when requested to do so by the delegate, that he has the skills necessary to perform the occupation of Cook ANZSCO 351411.  The delegate had requested a skill assessment from Trades Recognition Australia (TRA). 

3. On 26 November 2018, the Tribunal received from Mr Soares Rodrigues a skill assessment issued by Victoria University, Melbourne dated 16 November 2018 which confirms that its assessment of Mr Soares Rodrigues’ skills in his occupation of Cook ANZSCO 351411 has been successful having regard to his Certificate III in Commercial Cookery.  Further, the skill assessment notes that Victoria University has been contracted by the Commonwealth of Australia through TRA to conduct skill assessments on its behalf.  The skill assessment is signed by the Director of Manufacturing, Technology & Trades. 

4. In light of the new evidence received, the Tribunal is satisfied that the criterion in cl.457.223(4)(e) of Schedule 2 to the Regulations is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 457 visa:

   ·cl.457.223(4)(e) of Schedule 2 to the Regulations

   Katie Malyon

   
   Member