Dhaliwal (Migration)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Remedies
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Judicial Review
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Procedural Fairness
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Citations
Dhaliwal (Migration) [2019] AATA 1545
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