Toro (Migration)

Case

[2020] AATA 3020

21 May 2020


Details
AGLC Case Decision Date
Toro (Migration) [2020] AATA 3020 [2020] AATA 3020 21 May 2020

CaseChat Overview and Summary

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal was constituted by Member Denise Connolly.

The primary legal issue before the Tribunal was whether the applicant had satisfied criterion 485.224(1) of Schedule 2 to the Regulations. This criterion requires that the applicant’s skills for their nominated occupation have been assessed as suitable by a relevant assessing authority within the last three years. The nominated occupation was Diesel Motor Mechanic.

The Tribunal found that the applicant had provided a skills assessment from Trades Recognition Australia, dated 6 December 2018, which confirmed their suitability for the nominated occupation. Consequently, the Tribunal determined that the applicant met the requirements of cl.485.224(1) of Schedule 2 to the Regulations.

The Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in cl.485.224(1) of Schedule 2 to the Regulations.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

  • Statutory Construction

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