1516166 (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination Scheme) visa. The applicant sought to satisfy criterion cl.186.234, which pertains to skills assessment and prior employment for the Direct Entry stream. The Tribunal was required to determine whether the applicant met this criterion at the time of his visa application on 26 November 2014.

The central legal issue was whether the applicant possessed a suitable skills assessment from the relevant authority, Vetassess, at the time of his visa application, as required by cl.186.234(1). The Tribunal also considered whether the applicant fell within a class of exempt persons as specified in IMMI 12/060, as an alternative means of satisfying the criterion under cl.186.234(3).

The Tribunal found that the applicant did not have the required positive skills assessment from Vetassess at the time of his visa application, although he had applied for one and it was subsequently granted after the application date. The Tribunal accepted the applicant's evidence that he and his employer understood that a post-application skills assessment would be acceptable, based on advice received from the Department. However, the Tribunal noted that cl.186.234(1) explicitly requires the assessment to be held at the time of application. Despite this, the Tribunal found that the applicant satisfied cl.186.223. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets cl.186.223, to allow for consideration of the remaining criteria under the Temporary Residence Transition stream.