Toro (Migration)

[2020] AATA 3020

Toro (Migration) [2020] AATA 3020 (21 May 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr John Angel Toro
Ms Jenny Jourley Ortiz Reyes

CASE NUMBER:  1834279

DIBP REFERENCE(S):  BCC2018/3148050

MEMBER:Denise Connolly

DATE:21 May 2020

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the applications for Skilled (Provisional) (Class VC) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

·cl.485.224(1) of Schedule 2 to the Regulations.

Statement made on 21 May 2020 at 4:11pm

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Graduate Work stream – skills assessment by the relevant assessing authority – occupation of Diesel Motor Mechanic – skills assessment provided upon review – 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 on 15 November 2018 to refuse to grant the applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 21 August 2018. Visa Class VC contains Subclass 485. (For visa applications made before 1 July 2013, there is also a Subclass 487, however that subclass is not relevant to the present matter.) The criteria for the grant of a Subclass 485 visa are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (the Regulations). The primary criteria must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria.

3. The applicants were represented in relation to the review by their registered migration agent.

4. The delegate refused the visas on the basis that the first named applicant (the applicant) did not satisfy cl.485.224(1) of Schedule 2 to the Regulations because he did not provide evidence that his skills had been assessed as suitable for his nominated skilled occupation.

5. The applicant has now sent to the Tribunal a copy of his successful skills assessment for the nominated skilled occupation, Diesel Motor Mechanic.

6. It was not necessary to invite the applicants to a hearing because the Tribunal was able to make a favourable decision on the material before it.

7. For the following reasons, the Tribunal has concluded that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

   Has the applicant been assessed as suitable for the nominated occupation?

8. The applicant is seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream which includes 485.224(1) of Schedule 2 to the Regulations. This criterion requires that the applicant’s skills for the nominated skilled occupation have been assessed, during the last 3 years, by a relevant assessing authority as suitable for that occupation.

9. The applicant has provided to the Tribunal a skills assessment from Trades Recognition Australia dated 6 December 2018 confirming the applicant’s skills are suitable for the nominated occupation, Diesel Motor Mechanic (ANZSCO 321212).

10. The Tribunal finds the applicant has been assessed during the last 3 years by a relevant assessing authority as suitable for the nominated skilled occupation.

11. Therefore the requirements of cl.485.224(1) are met.

12. On the basis of the above findings, the Tribunal finds that the applicant meets the requirements of 485.224(1) of Schedule 2 to the Regulations. The appropriate course is to remit the visa application to the Minister to consider the remaining criteria for the visa.

    DECISION

13. The Tribunal remits the applications for Skilled (Provisional) (Class VC) visas for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 485 visa:

    ·cl.485.224(1) of Schedule 2 to the Regulations.

    Denise Connolly
    Member