Pandit (Migration)

The Federal Circuit and Family Court of Australia considered an appeal by Mr. Pandit concerning a decision made under the *Migration Act 1958* (Cth) regarding a Subclass 485 (Temporary Graduate) visa. The core of the dispute involved a PTE Academic Test Score report, which the Department of Home Affairs had assessed as a bogus document.

The primary legal issue before the Court was whether the PTE Academic Test Score report was indeed a bogus document, as determined by the Department. This determination had significant implications for Mr. Pandit's eligibility for the visa.

The Court found that the Department's assessment of the PTE Academic Test Score report as bogus was not supported by sufficient evidence. It noted that the visa application in question had been withdrawn prior to the Department making its decision. Consequently, the Court concluded that the decision under review was affected by jurisdictional error. The Court therefore remitted the matter to the Department for reconsideration.