Subhan (Migration)

The Administrative Appeals Tribunal considered the case of Subhan, an applicant for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa. The dispute centred on whether the applicant had provided sufficient evidence of a skills assessment to satisfy the visa requirements.

The primary legal issue before the Tribunal was whether the applicant had met the criteria set out in subclause 485.223 of the Migration Regulations 1994, which pertains to the requirement for a skills assessment for this visa subclass.

The Tribunal found that the applicant had not provided the necessary skills assessment. It reasoned that the absence of such an assessment meant the applicant failed to satisfy subclause 485.223. Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Temporary Graduate stream visa. The Tribunal affirmed the decision under review.