Hashimoto (Migration)
Case
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[2019] AATA 3621
•5 July 2019
Details
AGLC
Case
Decision Date
Hashimoto (Migration) [2019] AATA 3621
[2019] AATA 3621
5 July 2019
CaseChat Overview and Summary
The applicant sought review of a decision by the Department of Home Affairs to refuse her application for a Subclass 485 (Temporary Graduate) visa. The applicant had lodged her visa application on 15 May 2018, and it was refused on 27 November 2018, on the basis that she had not provided a successful TRA skills assessment result. The applicant contended that she had attempted to upload the required document but encountered technical difficulties. The Administrative Appeals Tribunal (AAT) now had the document in question.
The AAT was required to determine whether the applicant had satisfied the criteria for the grant of a Subclass 485 visa, specifically in relation to the provision of a successful TRA skills assessment.
The Tribunal, having received the applicant's successful TRA skills assessment result, found that the applicant met the criteria for the visa. The Member directed that the application be remitted for reconsideration with the specific instruction that the applicant satisfied clause 485.224 of Schedule 2 to the Migration Regulations 1994. The Tribunal remitted the application for reconsideration.
The AAT was required to determine whether the applicant had satisfied the criteria for the grant of a Subclass 485 visa, specifically in relation to the provision of a successful TRA skills assessment.
The Tribunal, having received the applicant's successful TRA skills assessment result, found that the applicant met the criteria for the visa. The Member directed that the application be remitted for reconsideration with the specific instruction that the applicant satisfied clause 485.224 of Schedule 2 to the Migration Regulations 1994. The Tribunal remitted the application for reconsideration.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Judicial Review
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Procedural Fairness
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Remedies
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Statutory Construction
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Citations
Hashimoto (Migration) [2019] AATA 3621
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