Kaur (Migration)

Case

[2018] AATA 544

5 March 2018


Details
AGLC Case Decision Date
Kaur (Migration) [2018] AATA 544 [2018] AATA 544 5 March 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether the first applicant's skills had been assessed as suitable for their nominated skilled occupation by the relevant assessing authority.

The primary legal issue before the Tribunal was to determine whether the first applicant satisfied the requirements of clause 485.224(1) of Schedule 2 to the *Migration Regulations 1994* (Cth), which pertains to the skills assessment for the nominated occupation.

The Tribunal found that the first applicant's skills had indeed been assessed as suitable for the nominated skilled occupation by the relevant assessing authority. Applying the provisions of clause 485.224(1), the Tribunal concluded that this criterion was met. Consequently, the Tribunal remitted the application for reconsideration, directing that the first applicant be taken to meet the criteria specified in clause 485.224(1).
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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