CEDENO (Migration)

The applicant, Cedeno, sought review of a decision by the Department of Home Affairs not to grant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant was a dependent child of a sponsor, and the application was made in the context of a relationship breakdown, with the applicant experiencing mental suffering. The Tribunal was required to determine whether the applicant met the criteria for the grant of the Subclass 485 visa.

The central legal issue was whether the applicant had provided sufficient evidence to satisfy the requirements of the Subclass 485 visa, particularly in light of the stated relationship breakdown and the applicant's alleged mental suffering. The Tribunal considered the evidence presented by the applicant in support of their claim for the visa.

The Tribunal found that the evidence provided by the applicant was insufficient to satisfy the criteria for the grant of the Subclass 485 visa. As this was the only visa subclass relevant to the applicant's case, the Tribunal affirmed the Department's decision not to grant the visa.