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.