1513558 (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 visa in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clause 485.224 of Schedule 2 to the Regulations, which requires a skills assessment for a nominated occupation.

The central legal issue before the Tribunal was whether the applicant had met the requirements of clause 485.224(1) and (1A) of the Regulations. This clause mandates that the applicant's skills for the nominated occupation must have been assessed as suitable by the relevant assessing authority within the last three years, and if the assessment had a validity period, that period must not have expired. The applicant had nominated the occupation of System Analyst (ANZSCO 261112), with the Australian Computer Society (ACS) being the relevant assessing authority.

The Tribunal found that the applicant had provided evidence of a skills assessment from the ACS dated 25 September 2015, submitted to the Tribunal on 19 September 2016. The Tribunal concluded that this assessment had been conducted within the three-year period preceding the application and that the applicant's skills were assessed as suitable for the nominated occupation by the relevant authority. Consequently, the Tribunal determined that the applicant satisfied the requirements of clause 485.224(1).

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 485.224(1) of Schedule 2 to the Regulations.