Wong (Migration)

[2018] AATA 5294

Wong (Migration) [2018] AATA 5294 (21 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Tsz Kwan Wong

CASE NUMBER:  1808488

DIBP REFERENCE(S):  BCC2017/3571598

MEMBER:Ian Berry

DATE:21 November 2018

PLACE OF DECISION:  Brisbane

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

·cl.485.224 of Schedule 2 to the Regulations

Statement made on 21 November 2018 at 1:03pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) –Chef – evidence of skills assessment provided to the Tribunal – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), 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 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 29 September 2017. The delegate refused to grant the visa on 8 March 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. On 24 August 2018, the Tribunal received from the applicant, the Trades Recognition Australia Provisional Skills Assessment Application Result dated 24 July 2018 (the TRA Certification). 

4. The TRA Certification does not express an ‘end date’ affecting its validity.

5. This Result has been assessed by the TRA as successful for the occupation of ‘Chef – 351311’.  

6. 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.

   DECISION

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

   ·cl.485.224 of Schedule 2 to the Regulations

   Ian Berry
   Member