CHOOSE THE CORRECT STREAM and DOUBLE CHECK YOU SATISFY THE RELEVANT CRITERIA WHEN APPLYING FOR SPECIFIC VISAS, OR RISK REFUSAL!!


AustLII published a case study [Araque (Migration) [2018] AATA 58 (18 January 2018)] outlining the refusal by a delegate of the Minister for Immigration, of an application for a subclass 485 (Temporary Graduate) skilled visa by a Columbian citizen, on 18 May 2017.

 

The Applicant filed the case for review in the Administrative Appeals Tribunal of Australia (AAT).

 

AVOID YOUR CASE REACHING THE ADMINISTRATIVE APPEALS TRIBUNAL AT AS IT CAN BE PROTRACTED AND EXTREMELY COSTLY!!!

 

In this particular case, the delegate refused the visa because the applicant did not submit the relevant skills assessment required to fulfil the “Graduate work Stream” of the subclass 485 visa, set out in Migration Regulations 1994 (The Regulations).

The Applicant nominated the occupation of Software Engineer which is a specified skilled occupation from the relevant list.

The Applicant stated that he had in fact intended to apply for the “Post Study Work Stream” but chose the “Graduate Work Stream,” failing therefor to supply relevant evidence at the Time of Application of an assessment of skills for the nominated “skilled occupation" by a "relevant assessing authority” for this particular stream.

The evidence before the Tribunal revealed that the Applicant did, meet the requirement for the “Post Study” Stream at the time of application. The Applicant held a relevant qualification awarded by a specified provider. The Applicant also satisfied the Australian study requirement.

After considering all the evidence before it, the Tribunal was satisfied that the applicant substantially complied with the requirements for the intended “Post Study Work Stream”

 

Decision: The Tribunal remitted the visa application to the Minister to consider the remaining criteria for the Subclass 485 visa, Post Study Work Stream.

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