Tran (Migration)

The applicant, Tran, sought review of a decision concerning their application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The Administrative Appeals Tribunal (AAT) was tasked with determining whether the applicant met the criteria for this visa.

The primary legal issue before the Tribunal was whether the applicant possessed a recognised qualification that satisfied the requirements for the Subclass 485 visa, specifically cl.485.231 of Schedule 2 to the Regulations.

The Tribunal determined that it was able to find in favour of the applicant based on the material before it, without the need for a hearing, pursuant to s.360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.