Yates (Migration)

This matter concerned a review application before the Administrative Appeals Tribunal concerning a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The applicant sought review of a decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant met the eligibility requirements for a Subclass 485 visa, particularly clause 485.211 of the Migration Regulations 1994, which stipulates that an applicant must not have previously held a Subclass 476 or Subclass 485 visa granted based on satisfying the primary criteria. The Tribunal also considered the applicant's eligibility for a second Subclass 485 visa in the Post-Study Work stream, in light of amendments made in 2020.

The Tribunal reasoned that the applicant had previously held a Subclass 485 visa as the primary applicant between November 2016 and May 2018. Consequently, the applicant failed to satisfy clause 485.211(b) and, therefore, clause 485.211 as a whole. While acknowledging the introduction of provisions allowing for a second Subclass 485 visa in specific circumstances from January 2021, the Tribunal found that the applicant's prior visa history precluded them from meeting the criteria for a second grant of this visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.