Wong (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by Mr. Wong, who sought to have a decision reviewed. The dispute centred on whether Mr. Wong met the criteria for the visa, specifically concerning evidence of a skills assessment for the occupation of Chef.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.224 of Schedule 2 to the Migration Regulations 1994. This involved assessing the adequacy and timeliness of the evidence provided to demonstrate the applicant's skills in the nominated occupation.

The Tribunal's reasoning was influenced by new evidence that was presented. Upon considering this additional material, the Tribunal was satisfied that the applicant had met the relevant criterion. Consequently, the Tribunal determined that the matter should be remitted to the relevant delegate for reconsideration, with a direction that the applicant is to be taken as meeting the specified criteria for the Subclass 485 visa.