Araque (Migration) [2018] AATA 58
The Tribunal remits the application for a Skilled (Provisional)
(Class VC) visa for reconsideration, with the direction that the
applicant meets the following criteria for a Subclass 485 visa:
cl.485.231 of Schedule 2 to the Regulations.
Migration – Skilled (Provisional) (Class VC) visa –
Subclass 485 (Temporary Gradate ) – Graduate Work stream
– Did not submit relevant skills assessment – Intended
to apply for the "Post Study Work Stream" –
Applicant meets these visa conditions - Migration Act
1958, s 65; Migration Regulations 1994 rr 1.03, 2.26B
Schedule 2 cls 485.231, 485.231(1), 485.231(2), 485.231(3),
485.223.
Uluikavoro Qoro and Minister for Immigration and Border
Protection (Migration) [2018] AATA 56
MIGRATION – Discretion to cancel a visa – character
test – substantial criminal record – drink driving
offences – breaches of court orders – Ministerial
Direction No. 65 applied – applicant does not pass character
test – whether discretion should have been exercised –
the protection of the Australian community from criminal or other
serious conduct – expectations of the Australian community
– best interests of minor children – reviewable
decision set aside. Migration Act 1958 (Cth) ss 499(2A),
501(1), 501(2), 501(6), 501(7), 501(7A), 501CA.
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