Sub 485: changing streams

Federal Court. Appellant applied for subclass 485 visa under Graduate Work stream, but without positive skills assessment. Although this was not the case here, FCA discussed whether application would be invalid if it nominated 2 streams. Is a stream or subclass a visa class? If a person applies for a visa class, can a different class of visa be granted? Could the visa be granted under the Post Study stream? In answering the latter question, is it relevant that ImmiAccount: allowed the lodgement under the Graduate Work stream despite the fact that Appellant had answered "no" to the question as to whether he had a positive skills assessment; said that lack of a positive skills assessment "may result" in refusal?

The questions to the Federal Court (FCA) were as follows:

Question 1: Would an application for visa subclass 485 (Temporary Graduate) be invalid if it nominated 2 streams?

Question 2: Is a stream a visa "class"?

Question 3: Is a “subclass” part of a visa “class” but is not itself a “class”?

Question 4: If a person applies for a visa class, can the decision-maker grant that person a visa of a different class?

Question 5: Can it be said that the particular visa the Appellant applied for was a “Subclass 485 (Temporary Graduate) in the Graduate Work stream” visa and that therefore the Tribunal could not grant him a “Subclass 485 (Temporary Graduate) in the Post-Study stream” visa, as the latter was not a visa he applied for?

Question 6: In answering Question 5, is it relevant that ImmiAccount: allowed the lodgement under the Graduate Work stream despite the fact that Appellant had answered "no" to the question as to whether he had a positive skills assessment; said that lack of a positive skills assessment "may result" in refusal?

The FCA answered those questions as follows:

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