Vallurupalli (Migration)

The Administrative Appeals Tribunal considered an application for a review of a decision concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision that had been made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically in relation to a skills assessment. The Tribunal was required to determine if it had sufficient material before it to make a decision without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth).

The Tribunal found that it was able to determine the matter in favour of the applicant based on the material before it, without the need for a hearing. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 485.224 of Schedule 2 to the Migration Regulations 1994 (Cth).