Njura (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, made by Njura. The delegate of the Minister had refused the application, and Njura sought review of that decision by the Tribunal.

The primary legal issue before the Tribunal was whether Njura met the requirements of clause 485.223 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the visa application was accompanied by evidence that Njura had applied to the relevant assessing authority for an assessment of their skills for their nominated skilled occupation at the time the application was made.

The Tribunal, presided over by Michelle East, considered the evidence before it, including Njura's oral evidence. Based on this evidence, the Tribunal was not satisfied that the required evidence of a skills assessment application had been provided at the time the visa application was lodged. Consequently, the Tribunal found that Njura did not meet the requirements of clause 485.223 and therefore affirmed the delegate's decision to refuse the visa.