Taleb (Migration) [2018] AATA 5333 (2 November 2018)
DECISION RECORD
DIVISION:Migration & Refugee Division
APPLICANT: Mr Hassan Taleb
CASE NUMBER: 1517929
DIBP REFERENCE(S): BCC2011/366640
MEMBER:C. Packer
DATE:2 November 2018
PLACE OF DECISION: Melbourne
DECISION:The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.
Statement made on 02 November 2018 at 10:20am
CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Cook – skills assessment – false or misleading statement – no record of applicant in TRA – requirements should not be waived – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), ss 65, 98
Migration Regulations 1994 (Cth), Schedule 2, cl 485.224; Schedule 4, PIC 4020
CASES
Arora v MIBP [2016] FCAFC 35
Batra v MIAC [2013] FCA 274
Kaur v MIBP [2017] FCAFC 184
Plaintiff M64/2015 v MIBP [2015] HCA 50
Sran v MIBP [2014] FCCA 37
Trivedi v MIBP [2014] FCAFC 42
Zhang v MIAC [2012] FMCA 1011
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 3 December 2015 to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act).
2. The applicant applied for the visa on 17 August 2011. On 17 February 2012 the Department invited him to comment on adverse information, however, he did not respond in the time provided. The delegate refused to grant the visa on the basis that the applicant did not satisfy the requirements of cl.485.224 of Schedule 2 to the Migration Regulations 1994 (the Regulations) because information that is false or misleading in a material particular had been provided in relation to his application for a visa.
3. The delegate’s key findings were that:
In the application for a visa the applicant had indicated his nominated occupation was Cook and his skills had been skills assessed by Trades Recognition Australia (TRA) on 11 October 2010 with a reference/receipt number TRA10/487567461.
TRA confirmed that TRA did not provide this reference to the applicant and at the time had never provided him with a skills assessment.
The statement was both false and misleading at the time it was given.
No evidence had been provided to suggest the applicant had subsequently been provided with a skills assessment or that any error had been made by TRA.
He had therefore provided false and misleading information in line with the Public Interest Criterion, PIC 4020(5).
Whilst S and S Migration are not declared as agents in relation to the visa application, given that records of the visa application had been found on the premises of S and S Migration, the delegate found those agents had assisted the applicant in lodging the application. The operation of s.98 of the Migration Act, in line with policy advice, is that the applicant is legally taken to have completed the visa application form…
Continue reading Taleb (Migration)
Sign in free to access the full text
- AGLC
- Taleb (Migration) [2018] AATA 5333
- Case
- [2018] AATA 5333
- Decision Date
CaseChat Overview and Summary
The Tribunal was required to determine whether Mr Taleb had made a false or misleading statement in his visa application, and if so, whether the Minister's decision to refuse the visa was correct. The Tribunal also had to consider whether any of the criteria for the visa could be waived, given the circumstances.
The Tribunal found that Mr Taleb had indeed made a false or misleading statement by claiming to have a valid skills assessment from the DET when no such record existed. The Tribunal noted that the DET's assessment was a mandatory requirement for the subclass 485 visa for the occupation of Cook. As the statement was found to be false and the requirement could not be waived, the Tribunal affirmed the Minister's decision to refuse the visa.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.