1603731 (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 clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in relation to their nominated skilled occupation. The central dispute revolved around whether the applicant had met these specific skill assessment requirements.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant's visa application had been accompanied by evidence of an application for a skills assessment by a relevant assessing authority for their nominated skilled occupation, as required by clause 485.223. Secondly, the Tribunal had to ascertain whether the applicant's skills for the nominated occupation had been assessed as suitable by a relevant assessing authority within the preceding three years, and if so, whether that assessment remained valid, in accordance with clause 485.224.

The Tribunal found that the applicant had nominated the occupation of Actuary (ANZSCO: 224111), for which VETASSESS is the relevant assessing authority. Evidence presented, including a declaration of application for a skills assessment and a payment receipt for a Provisional Skills Assessment from VETASSESS, satisfied the requirements of clause 485.223. Regarding clause 485.224, the Tribunal noted that while there was email correspondence indicating a negative initial skills assessment and an application for reassessment, the Tribunal concluded that the applicant met the requirements of this clause. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.