Assignment Task
Question 1
1. Mr. Jia-Hua Lim (the applicant) applied for a review of a decision made by a delegate of the Minister for Home Affairs on 11 October 2021 to refuse to grant the applicant’s Skilled (Provisional) (Class VC) visas under s 65 of the Migration Act 1958 (Cth) (the Act).
2. The applicant applied for the visa on 21 February 2020. Visa Class VC contains Subclass 485. The criteria for granting a Subclass 485 visa are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). The primary criteria must be satisfied by at least one applicant.
3. The delegate refused to grant the visa because the applicant did not satisfy cl 485.216 of Schedule 2 to the Regulations because he did not meet Public Interest Criterion (PIC) 4001.
4. Clause 485.216(1) requires that the applicant satisfies PIC 4001 at the decision time. The delegate found that as the applicant is required to satisfy PIC 4001 for the visa grant, Regulation 2.03AA(1) applies. This Regulation provides tha in addition to the criteria prescribed by Regulations 2.03 and 2.03A, if a perso is required to satisfy PIC 4001 or 4002 for the visa grant, the criterion in subregulation (2) is prescribed.
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