Tagle (Migration)

[2023] AATA 4225

Tagle (Migration) [2023] AATA 4225 (30 August 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Rigor Mangalino Tagle

REPRESENTATIVE:  Mr Ernest Ng (MARN: 1387964)

CASE NUMBER:  2100650

HOME AFFAIRS REFERENCE(S):          BCC2020/554165

MEMBER:Sheridan Aster

DATE AND TIME OF

ORAL DECISION AND REASONS:         30 August 2023 at 3:53 pm (VIC time)

DATE OF WRITTEN RECORD:                2 October 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the decision under review with the direction that the applicant meet the requirements of cl 482.223 of Schedule 2 to the Migration Regulations 1994.

Statement made on 02 October 2023 at 11:34am

CATCHWORDS
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – Short-term stream – English language proficiency – IMMI 18/032 – exempt person – five-year full-time study delivered in English – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), Schedule 2, cl 482.223

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 19 January 2021 to refuse to grant the visa applicant a GK – Temporary Skill Shortage (Class GK) subclass 482 visa under the Migration Act 1958 (Cth) (the Act).

2. At the hearing on 30 August 2023 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. Mr Tagle, you applied for a subclass 482 visa on 24 February 2020 to work in the occupation of metallurgical or materials technician, sponsored by ICO Asia Pacific Australia Pty Ltd. The criteria for the grant of a subclass 482 visa are set put in Part 482 of Schedule 2 to the Migration Regulations 1994. Applicants seeking to satisfy the primary criteria for the visa must meet the common criteria and the criteria of one of three alternative streams.

4. You applied for the visa in the short-term stream. Clause 482.223(1) requires that you satisfy the specified language test requirements. Immigration Instrument 18/032 sets out the test requirements relevant to your application. Clause 482.223(2) enables the Minister to require you to demonstrate your English language proficiency in a specified manner. That does not apply in this case.

5. Immigration Instrument 18/032 also sets out circumstances in which an applicant is exempt from meeting their English language requirements.  You have claimed to be an exempt person on the basis that you completed at least five years of full-time study in a secondary education institution or a higher education institution where the instruction was delivered in English. 

6. You provided evidence that you completed a Bachelor of Science in Aircraft Maintenance Technology at PATTS College of Aeronautics.  PATTS College of Aeronautics is a tertiary education institution based in Manilla, Philippines.  A certificate dated 13 September 2019 from the University certifies that the course was conducted in English.  I note that this was accepted by the delegate.  However, the course ran for three years which falls two years short of the minimum requirement for the exemption to apply.

7. You have since provided the Tribunal with evidence that you completed three years and ten months of senior high school education at the Mabili Academy in Batangas, Philippines.  The academy is a private school that provides tuition in English. 

8. On the basis of the new information, I find that you satisfy the requirements to meet the exemption and do not need to meet the requirements set out in cl 482.223 (1). In the circumstances, I remit the application to the Department with a direction that you satisfy the requirements of cl 482.223 of Schedule 2 to the Migration Regulations.

   DECISION

9. The Tribunal remits the decision under review with the direction that the applicant meet the requirements of cl 482.223 of Schedule 2 to the Migration Regulations 1994.

   Sheridan Aster
   Member