Tran (Migration)

[2021] AATA 2420

Tran (Migration) [2021] AATA 2420 (28 June 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Gia Quan Tran

CASE NUMBER:  2104616

HOME AFFAIRS REFERENCE(S):          BCC2020/1144049

MEMBER:Tim Connellan

DATE:28 June 2021

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

·cl.485.231 of Schedule 2 to the Regulations

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – recognised qualification – evidence of course completion provided upon review – decision under review remitted     

LEGISLATION

Migration Act 1958, ss 65, 360

Migration Regulations 1994, Schedule 2, cl 485.231

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 applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 13 March 2020. The delegate refused to grant the visa on 23 March 2021.

2. The delegate made the decision on the basis that evidence of the applicant having held a recognised qualification was not provided as required to satisfy a criterion for the grant of the visa under the Migration Regulations 1994 (the Regulations).

3. On 27 April 2021 the Tribunal received verification from Bond University that the applicant had completed a course and held a relevant qualification in satisfaction of 485.231.

4. 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.

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

   DECISION

6. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 485 visa:

   ·cl.485.231 of Schedule 2 to the Regulations

   Tim Connellan
   Member