Subclass 485 ‘Temporary Graduate’ visa

The case that is the subject of today’s post has immediate practical importance for anyone who is considering to apply for a Subclass 485 ‘Temporary Graduate’ visa.

The name of the case is Nguyen v Minister for Immigration & Anor (2016) FCCA 1523.

The question in the case was in regards to the following criterion:

“When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority” (clause 485.223 of Part 485 of the Regulations).

In Nguyen, Justice Burchardt accepted the interpretation of the phrase “accompanied by” that had previously been adopted by the Tribunal: namely, that the evidence must be submitted “shortly after” the application (at least in circumstances where the application is submitted “on-line” and it is therefore not physically possible to upload documents at the exact time as the application through ImmiAccount).

In the Nguyen case, there had been a delay of 29 days between the time of the submission of the application and the submission of the evidence that a skills assessment had been applied for, and that delay was considered to be “too much of a delay”.

What this case does not give us is a “bright line” to tell exactly how much of an interval between submitting an on-line application and then uploading supporting documents would be acceptable.

The cautious approach would be sure to have available all materials that must “accompany” the application and to upload onto ImmiAccount immediately (at least on the same day!) after an on-line application is submitted.

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