Dhaliwal (Migration)

Case

[2019] AATA 1545

29 January 2019


Details
AGLC Case Decision Date
Dhaliwal (Migration) [2019] AATA 1545 [2019] AATA 1545 29 January 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa, specifically a Skilled (Provisional) (Class VC) visa, by Mr. Dhaliwal, who nominated the occupation of Chef. The primary dispute concerned whether Mr. Dhaliwal met the relevant criteria for the visa, particularly in relation to his skills assessment.

The Tribunal was required to determine if the applicant had satisfied the criterion set out in cl.485.224 (1) of Schedule 2 to the Regulations. This criterion relates to the provision of a satisfactory skills assessment for the nominated occupation.

Upon receiving new evidence, the Tribunal was satisfied that the criterion was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the first named applicant meets the specified criteria for a Subclass 485 visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Remedies

  • Judicial Review

  • Procedural Fairness

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