Zubair (Migration)

[2017] AATA 2064

Zubair (Migration) [2017] AATA 2064 (18 October 2017)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Sakina Zubair

CASE NUMBER:  1704332

DIBP REFERENCE(S):  BCC2016/4368200

MEMBER:Karen Synon

DATE:18 October 2017

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 190 visa:

·cl.190.212(1) of Schedule 2 to the Regulations

Statement made on 18 October 2017 at 12:02pm

CATCHWORDS

Migration – Skilled Nominated (Permanent) visa – Subclass 190 – Accountant (General) – Valid skills assessment provided

LEGISLATION

Migration Act 1958, s 65

Migration Regulations 1994, Schedule 2, cl.190.212(1)

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 Nominated (Permanent) visa under s.65 of the Migration Act 1958 (the Act). The applicant applied for the visa on 26 December 2016.  The delegate refused to grant the visa on 24 February 2017.

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 9 March 2017 with the application for review, the Tribunal received a copy of the applicant’s assessment issued by CPA Australia Ltd which is an assessing authority specified in IMMI 16/059.  The date the applicant was invited to apply for the visa was 13 December 2016.  The document titled ‘Assessment Outcome’ is dated 16 September 2016 and relevantly states “[t]he result of this assessment is that you are academically suitable for migration under ANZSCO 221111 – Accountant (General)” which is the occupation nominated in the Subclass 190 application.  The assessment did not specify a period during which the assessment was valid and not more than 3 years had passed since the date of the assessment.

4. In light of this evidence, the Tribunal is satisfied that the criterion is met and has concluded that the matter should be remitted for reconsideration.

   DECISION

5. The Tribunal remits the application for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 190 visa:

   ·cl.190.212(1) of Schedule 2 to the Regulations

   Karen Synon
   Member