Cahayon (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Skilled – Provisional) visa. The applicant, Mr. Cahayon, sought review of a decision concerning his eligibility for this visa, specifically in relation to the occupation of Civil Engineering Draftsperson (ANZSCO 312211).

The primary legal issue before the Tribunal was whether the applicant met the relevant criteria for the Subclass 485 visa, particularly in light of new evidence presented. The Tribunal was required to determine if the applicant had satisfied the requirements for a successful skills assessment, which is a prerequisite for this visa subclass.

The Tribunal's reasoning focused on the impact of new evidence that had become available. Being satisfied that this new evidence demonstrated that the applicant met the necessary criterion, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be found to meet criterion cl.485.224(1) of Schedule 2 to the Regulations.