1506650 (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Skilled - Independent (Permanent) (Class SI) visa. The applicant sought to challenge the Tribunal's conclusion that they had not met the requirements for the visa.

The central legal issue before the Tribunal was whether the applicant possessed a suitable skills assessment at the time they were invited to apply for the visa. Specifically, the Tribunal had to determine if the skills assessment provided by the applicant met the requirements of Clause 189.212(1) of the Migration Regulations 1994, which mandates that for invitations issued on or after 28 October 2013, the assessment cannot be for a Subclass 485 (Temporary Graduate) visa, and for applications made on or after 1 July 2014, additional requirements regarding the currency of the assessment apply.

The Tribunal reasoned that the applicant had provided a provisional skills assessment dated 22 November 2013, and an acknowledgement of a Job Ready Workplace Assessment Application dated 8 May 2015. However, the applicant's own submissions indicated that the provisional assessment was not intended as a final assessment but rather as proof of enrolment and progress in a program, with the intention of submitting a final assessment later. The Tribunal found that this provisional assessment did not satisfy the requirement for a suitable skills assessment as stipulated by the regulations. Consequently, the applicant did not meet the criteria for the grant of a Subclass 189 visa.

The Tribunal affirmed the decision not to grant the applicant the visa.