Date: 201505
Local time of day: 0601-1200
Location: MIA.Airport, FL
Flight conditions: VMC
Light: Daylight
Aircraft: B767-300 and 300 ER
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Descent
Airspace: Class A ZMA
ATC / advisory: Center ZMA
Reporter organization: Air Carrier
Reporter function: Pilot Flying; First Officer
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Second reporter function: Captain; Pilot Not Flying
Anomaly: Conflict Airborne Conflict; Deviation - Altitude Excursion From Assigned Altitude; Deviation - Track / Heading All Types
Detector: Automation Aircraft TA; Automation Aircraft RA; Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Took Evasive Action
Contributing factors: Human Factors
Primary problem: Human Factors

Narrative: Approximately 10 miles from OSOGY on HILEY5 Arrival; level FL260. ATC informed us Learjet climbing and would be leveling at FL250. I switched to 10 mile scope and saw Lear on TCAS directly on our nose and climbing around 10 mile range. I watched the Lear on TCAS and was aware that TCAS showed a yellow target first at 900 feet at around 7 miles; then 800 feet at around 5 miles. I was aware that there could be some inaccuracy in the system; but when the TCAS went to a red square at 700 feet below at 4-3 miles just slightly left of our nose and still climbing; I started an evasive turn to the right. I started this turn just before I got a climb command from the TCAS audio. I did the turn to the right because I was able to clear my flight path in that direction. I was through about 5 degrees of turn when the climb command came on (just once) and it immediately disappeared as I went through about 10 degrees of turn. I had also started a climb by then. Captain informed ATC we had reacted to an RA. ATC cleared us back direct OSOGY and a further descent.Maybe Lear had local altimeter instead of 29.92. Maybe a distraction in their cockpit. I reacted early instead of waiting for a TCAS audio command; which I believe was the right decision. I also chose to go right because the red square was offset just slightly left of centerline; and I was able to clear right; and as I started my roll right; I hadn't yet received the climb command.


Second narrative: While approaching MIA; on the HILEY5 Arrival; a bit north of OSOGY Intersection; we were level FL260. Our three altimeters were set to 29.92; and we were on autopilot. ATC called out to us Learjet traffic; 12 o'clock; coming toward us; who was climbing to level off at FL250. We were advised to expect lower; when clear of that traffic. We looked for the traffic visually; but did not see it. Our TCAS showed him at 11:45; and climbing; indicating 1;200 feet below us. I remarked that he was probably doing a 'typical Learjet; quick level-off'. However; the TCAS now showed him closer to us; and still climbing; indicating 800-900' beneath us; with TCAS still showing the up arrow. First Officer was flying; and at that moment; he clicked off the autopilot and autothrottle; and began a smooth evasive turn to the right-away from the head on course of the traffic. Immediately thereafter came the RA; the traffic showed 700 feet below us and at our 11:30-11:45 position. Our VSI then commanded a 1500 FPM climb; and just as my First Officer was initiating the climb; we were now clear of the conflict; as the Learjet was passed us. All this occurred quickly; within just a few miles. I advised ATC of our turn to the right and that we were a bit above FL260; due to TCAS RA maneuver. ATC responded in a flustered tone; indicating surprise at the issue with the Learjet not leveling off 1000 feet beneath us. After he became composed; he cleared back on course; gave us lower and handed us off to the next sector. First Officer did a fabulous job! I called Dispatch and informed them of this issue.


Synopsis: B767 flight crew experiences a TCAS RA caused by Learjet that is cleared to level off 1000 feet below but continues to slowly climb.