Abu Bakar (Migration)

This matter concerned an appeal by Mr Abu Bakar against a decision of the Administrative Appeals Tribunal (AAT) affirming the refusal of his application for a Skilled (Provisional) (Class VC) visa, subclass 485. The AAT's decision was made by Member Catherine Carney-Orsborn.

The primary legal issues before the court were whether the AAT erred in law by failing to consider the applicant's submission that he had met the English language proficiency requirement through an alternative pathway, and whether the AAT erred in law by failing to consider the applicant's submission that he had obtained a skills assessment. The applicant contended that the AAT had overlooked crucial evidence regarding these two requirements for the visa.

The court found that the AAT had indeed failed to consider the applicant's submissions regarding both the English language proficiency and the skills assessment. The AAT's decision had proceeded on the basis that the applicant had not met these requirements, without engaging with the evidence and arguments presented by the applicant to the contrary. This failure to consider relevant material constituted an error of law.

Consequently, the Federal Court of Australia set aside the AAT's decision and remitted the matter to the AAT for redetermination according to law.