Aggarwal (Migration)

The Administrative Appeals Tribunal considered an application for a Business Skills (Provisional) visa (Subclass 188) made by Mr. Aggarwal. The dispute centred on whether the applicant had provided a completed Form 80 to the Department of Home Affairs, which was a requirement for the visa grant.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the requirement to provide a completed approved Form 80, as requested by the Department. The Tribunal also had to consider whether the applicant met the criteria under regulation 2.03AA(2) and clause 188.213 for the grant of the visa.

The Tribunal found that while the Department had repeatedly requested the Form 80, and the delegate had concluded the applicant did not meet the relevant criteria due to its non-provision, the applicant subsequently provided a completed Form 80 to the Tribunal on 10 July 2020, dated 9 July 2020. The Tribunal accepted this as a completed approved Form 80, thereby satisfying regulation 2.03AA(2)(b). Consequently, the Tribunal remitted the applications for reconsideration, directing that the applicant met this specific criterion for the Subclass 188 visa.