Njura (Migration)
[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 affirmedLEGISLATION
Migration Regulations 1994 (Cth), Schedule 2 cl 485.223APPLICATION FOR REVIEW
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).
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
The Tribunal affirms the decision under review.
Michelle East
Member
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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Statutory Construction
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Jurisdiction
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