Ulibas (Migration)

The Administrative Appeals Tribunal considered an application by Ulibas for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The applicant sought review of a decision not to grant this visa.

The central legal issue before the Tribunal was whether the applicant satisfied the residency requirement for the Subclass 189 visa, specifically whether they had been a resident in Australia for the requisite five-year period at the time of their application.

The Tribunal noted that the applicant's application was made 39 days short of the five-year residency requirement. As this criterion was not met, the Tribunal found that the applicant did not satisfy the criteria for the grant of the visa. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.