Abdelrahim (Migration)

This matter concerned an appeal by an applicant for a Skilled Work Regional (Provisional) visa (Subclass 491) against a decision that affirmed a previous refusal. The primary issue revolved around whether the applicant's skills assessment met the validity requirements stipulated in clause 491.214 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant's skills assessment, issued by the Australian Pharmacy Council (APC), was valid at the time of invitation to apply for the visa. Specifically, the Tribunal had to consider whether the assessment was made within the three-year period preceding the invitation date, as required by the regulations when no specific validity period is stated on the assessment itself.

The Tribunal found that the initial skills assessment provided to the Department was dated 31 January 2018, which fell outside the requisite three-year period prior to the invitation date of 12 October 2021. However, the applicant subsequently provided a letter from the APC, confirmed by email, indicating that the assessment was incorrectly dated and that the correct issue date was 16 September 2021. The Tribunal accepted this revised date as valid, finding that the skills assessment was indeed made within the required timeframe.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under clause 491.214 of Schedule 2 to the Regulations. The applications for the secondary applicants were also remitted for reconsideration of the remaining visa criteria.