Application Made


The criteria for the subclass 485 in the Graduate Work stream states:


[485.223]   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.

The Migration Act says this:

Section 54  Minister must have regard to all information in application

[54] (1)      The Minister must, in deciding whether to grant or refuse to grant a visa, have regard to all of the information in the application


[54] (2)      For the purposes of subsection (1), information is in an application if the information is:

(a)      set out in the application; or

(b)      in a document attached to the application when it is made; or

(c)      given under section 55.


[54] (3)      Without limiting subsection (1), a decision to grant or refuse to grant a visa may be made without giving the applicant an opportunity to make oral or written submissions.

Section 55  Further information may be given


[55] (1)      Until the Minister has made a decision whether to grant or refuse to grant a visa, the applicant may give the Minister any additional relevant information and the Minister must have regard to that information in making the decision.


[55] (2)      Subsection (1) does not mean that the Minister is required to delay making a decision because the applicant might give, or has told the Minister that the applicant intends to give, further information.

Hence a visa application therefore includes all information given to the delegate at any stage. Therefore can the evidence of the skill assessment application be given later that the day the application is lodged?

The writer has not run a matter where that issue is tested but in the right sort of case this argument may have some traction.

Barbara Davidson