Bussa v Minister for Immigration and Border Protection [2019] FCA 1994

Bussa v Minister for Immigration and Border Protection [2019] FCA 1994

Clause 485.223 of the Migration Regulations requires strict compliance; evidence of having applied for a skills assessment must be provided with the visa application and cannot be provided after lodgement. Exceptional circumstances and subsequent positive skills assessments are not relevant to satisfying the 'time of application' criterion.

Parties
Appellant: Vincent Pranay Bussa; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
27 November 2019
Procedural Posture
Judicial Review / Appeal From Federal Circuit Court
Outcome
appeal dismissed with costs
Legal Topics
Skills Assessment, Graduate Work Visa, Time of Application Criteria, Migration Regulations 1994 Clause 485.223
Migration Law Administrative Law Skills Assessment Graduate Work Visa Time of Application Criteria Migration Regulations 1994 Clause 485.223

Case Brief

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Parties

Vincent Pranay Bussa

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Judicial Review / Appeal From Federal Circuit Court

Legal Issues

  1. 1 Whether evidence of skills assessment provided after visa application satisfies clause 485.223 of the Migration Regulations 1994 (Cth)
  2. 2 Whether circumstances allow latitude in the temporal requirement under clause 485.223

Ratio Decidendi

Clause 485.223 of the Migration Regulations requires strict compliance; evidence of having applied for a skills assessment must be provided with the visa application and cannot be provided after lodgement. Exceptional circumstances and subsequent positive skills assessments are not relevant to satisfying the 'time of application' criterion.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.