Steedman (Migration)

[2020] AATA 2813

Steedman (Migration) [2020] AATA 2813 (17 April 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr James Steedman
Ms Monika Anna Manka

CASE NUMBER:  1831696

HOME AFFAIRS REFERENCE(S):          BCC2018/1227798

MEMBER:Phoebe Dunn

DATE:17 April 2020

PLACE OF DECISION:  Melbourne

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

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

Statement made on 17 April 2020 at 5:06pm

CATCHWORDS

MIGRATION – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – skills assessment – occupation of Program or Project Administrator – second application for a review of the assessment successful – decision under review remitted    

LEGISLATION

Migration Act 1958, ss 65, 360
Migration Regulations 1994, cl 457.223

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 Home Affairs to refuse to grant the applicants Temporary Business Entry (Class UC) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 14 March 2018. The delegate refused to grant the visas on 24 October 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. The delegate had requested the first named applicant demonstrate he had the skills necessary to perform the tasks of the nominated occupation of Program or Project Administrator (ANZSCO 511112) by obtaining a skills assessment from VETASSESS. The applicant did not provide the requested skills assessment result.

4. The Tribunal notes that based on the evidence before it the applicant applied for a skills assessment from VETASSESS which was received on 22 June 2018 and the outcome of that application was unsuccessful.  A second application for a review of the original assessment was received on 27 September 2018 and new information was provided to VETASSESS to support the review. On 13 November 2018, a successful skills assessment outcome was issued to the first named applicant for the nominated occupation of Program or Project Administrator (ANZSCO 511112).

5. On 1 April 2020, the Tribunal received confirmation from VETASSESS that on 13 November 2018 a successful skills assessment outcome for the nominated occupation of Program or Project Administrator (ANZSCO 511112) was issued to the first named applicant, together with a copy of the results of the skills assessment. 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.

6. In reaching its decision the Tribunal did not consider a hearing to be necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s.360(2)(a) of the Act.

   DECISION

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

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

   Phoebe Dunn
   Member