Graduate Temporary Visa Subclass 485 Grant and the Department's Mistake

Background Story of the Subclass 485 Visa Applicant

  • Our client was an international student who lodged an application for their graduate (sc 485) visa under the graduate work-stream.

  • Prior to making the visa application, the client had made an application for their skills assessment with Trades Recognition Australia (TRA) which is known to take about 90 days.

Our Success Story

  • We made submissions to the Department requesting that they wait for the TRA’s processing of the Skills Assessment, which is outside of the Client’s control – but the Department have made an erroneous decision to refuse the application.

  • This is a classic jurisdictional error that resonates with the high court’s case of MIAC v Li [2013].

  • Despite our best efforts to have this decision internally reviewed to be vacated, the Department had not responded to our requests, and hence on the 20th day, the Client made review application to the AAT.

  • With the application form, we have made a submission to the AAT requesting a decision to remit the application without a hearing.

  • The Tribunal sided with us and we won the case – in just 9 days.

Subclass 485 Case StudiesKris Ahnsubclass 485, 485 visa, graduate visa, graduate temporary visa, subclass 485 visa, DoHA mistake, department of immigration mistake, request a decision without hearing