Yap (Migration)

Case

[2020] AATA 2290

26 May 2020


Details
AGLC Case Decision Date
Yap (Migration) [2020] AATA 2290 [2020] AATA 2290 26 May 2020

CaseChat Overview and Summary

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the Australian study requirement as stipulated by clause 485.231(3) of Schedule 2 to the Migration Regulations.

The Tribunal found that the applicant satisfied the Australian study requirement under clause 485.231(3). Consequently, the Tribunal remitted the visa application back to the Minister for reconsideration, with the specific direction that the applicant had met this particular criterion.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Remedies

  • Procedural Fairness

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