Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Nguyen for a Subclass 485 visa. The delegate of the Minister had previously refused to grant this visa, and Ms. Nguyen sought a review of that decision by the Tribunal.

The central legal issue before the Tribunal was whether Ms. Nguyen met the criteria set out in clause 485.231 of the Migration Regulations 1994. This clause pertains to the requirements for the grant of a Subclass 485 visa, commonly known as the Temporary Graduate visa.

The Tribunal found that Ms. Nguyen did not satisfy the criteria stipulated in clause 485.231. Consequently, as this was the sole visa subclass under consideration, the Tribunal affirmed the delegate's decision to refuse the visa. The Tribunal therefore affirmed the decision not to grant Ms. Nguyen a Skilled (Provisional) (Class VC) visa.