1602950 (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Skilled - Graduate) visa. The applicant sought reconsideration of their application before Senior Member Antoinette Younes of the Tribunal. The core of the dispute revolved around whether the applicant met Public Interest Criterion (PIC) 4020 and clause 485.213 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied PIC 4020, which addresses the provision of bogus documents or false or misleading information in relation to visa applications and previous visa refusals. Additionally, the Tribunal had to ascertain whether the applicant met the requirements of clause 485.213.

The Tribunal found that the applicant satisfied PIC 4020 for the purposes of clause 485.224 and also met clause 485.213. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets these specified criteria for the Subclass 485 visa.