Njura (Migration)

Case

[2018] AATA 3877

22 June 2018


Njura (Migration) [2018] AATA 3877 (22 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Stella Adlike Njura

CASE NUMBER:  1722143

DIBP REFERENCE(S):  BCC2017/2863260

MEMBER:Michelle East

DATE AND TIME OF

ORAL DECISION AND REASONS:          22 June 2018 at 11:02 am (WA time)

DATE OF WRITTEN RECORD:                8 August 2018

PLACE OF DECISION:  Perth

DECISION:The Tribunal affirms the decision under review.

Statement made on 08 August 2018 at 3:51pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – No evidence of assessment of skills – Decision under review affirmed

LEGISLATION
Migration Regulations 1994 (Cth), Schedule 2 cl 485.223

APPLICATION FOR REVIEW

  1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 31 August 2017 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

  2. At the hearing on 22 June 2018 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

    STATEMENT OF DECISION AND REASONS

    Based on the evidence before me, including your oral evidence given today, I am not satisfied that when the application was made it was accompanied by evidence that you had applied to the relevant assessing authority for an assessment of your skills for your nominated skilled occupation.  And for that reason I find that you do not meet the requirements of clause 485.223 and I must affirm the decision made by the delegate.

    DECISION

  3. The Tribunal affirms the decision under review.

    Michelle East
    Member


Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction

  • Jurisdiction

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