Matombe (Migration)

Case

[2018] AATA 4291

10 September 2018


Details
AGLC Case Decision Date
Matombe (Migration) [2018] AATA 4291 [2018] AATA 4291 10 September 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa, Graduate Work Stream, made by Mr. Matombe. The dispute concerned whether Mr. Matombe met the requirements for a skills assessment necessary for this visa subclass.

The primary legal issue before the Tribunal was whether Mr. Matombe had satisfied the criteria for a skills assessment as required by clause 485.224(1) of Schedule 2 to the Migration Regulations. The Tribunal also noted that no hearing invitation had been issued to the applicant.

The Tribunal found that Mr. Matombe had provided evidence of a successful provisional skills assessment from Trades Recognition Australia (TRA) for the occupations of Cook and Chef, dated 31 July 2018. Based on this evidence, the Tribunal was satisfied that clause 485.224(1) had been met.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the Subclass 485 visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Remedies

  • Statutory Construction

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