Subclass 485 Visa Refused Due to Incorrect Stream Selected
Background of the Applicant
The Applicant studied a Master of Architecture at Deakin between August 2017 and July 2019. On 25 August 2019, the Applicant lodged an application for a subclass 485 under the Graduate Work Stream mistakenly as the Applicant intended to apply for the Post-Study Work Stream.
On 21 October 2019, the above-mentioned application was refused as the Applicant did not meet a criterion in cl. 485.223 of the Migration Act, which is a mandatory requirement for the grant of a visa.
What Does Clause 485.223 Mean for the Graduate Visa Applicant?
Clause 485.223 requires that when an application is made, it is accompanied by evidence that the applicant has applied for an assessment of the applicant’s skills for the nominated skills occupation by a relevant authority. And in this case, the Applicant has never applied to the relevant assessing authority for assessment.
Why Was the Subclass 485 Visa Refused
The Tribunal explained that applicants applying under the Graduate Work Stream are required, as stated, to accompany their application by evidence that they have applied for assessment of their skills by a relevant assessing authority. Whereas under the Post-Study Work Stream, the requirement is that the applicant holds the qualification or qualifications of a kind specified by the Minister in an instrument in writing. And those requirements are that it is a degree conferred by a recognised university or education provider which has been gained in the six months before the application.
According to Singh 2020 FCA 774, the Tribunal has no power to grant the applicant a subclass 485 visa in the post-study workstream in circumstances where the application was made for a visa in the graduate stream. Per Schedule 1 requirements (cl 1229(3)(j)), the applicant must nominate only one stream to which the application relates. As such, an application can only be considered against the stream made in the application and the applicant cannot change streams. Therefore, the decision of refusal has been affirmed by the Tribunal.
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