1514170 (Migration)

The applicant sought to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations. The dispute centred on whether the applicant had met the requirements concerning their skills in relation to their nominated skilled occupation, Accountant (ANZSCO 221111). The Tribunal was required to determine if the applicant had provided evidence of having applied for a skills assessment by a relevant authority at the time of their visa application, and if their skills had subsequently been assessed as suitable for the nominated occupation.

The Tribunal reasoned that clause 485.223 requires evidence of an application for a skills assessment by a relevant assessing authority when the visa application is lodged. The applicant nominated Accountant, for which CPA/ICAA/IPA are the relevant assessing authorities. Although the applicant indicated on their 23 April 2015 application that they had applied for a skills assessment, this was not initially provided to the Department, leading to refusal. However, the applicant later provided a successful skills assessment from CPA dated 11 November 2015, which was confirmed as correct. The Tribunal found this satisfied clause 485.223. Furthermore, the Tribunal considered clause 485.224, which requires a skills assessment by a relevant authority within the last three years, and that the assessment must still be valid. Based on the successful and confirmed assessment, the Tribunal found the applicant met this criterion as well.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant meets the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Regulations.