Aeria (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought to have a decision affirmed that denied this visa. The core of the dispute revolved around the applicant's failure to provide a required skills assessment for their nominated occupation.

The Tribunal was required to determine whether the applicant satisfied the criteria for the Subclass 485 visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations. These clauses mandate that an applicant must provide evidence of having applied for an assessment of their skills by a relevant assessing authority for their nominated skilled occupation at the time of visa application. The Tribunal also considered the applicant's stated reasons for not obtaining a skills assessment, including the impact of COVID-19.

The Tribunal found that the applicant had not provided the requisite skills assessment to the Department or the Tribunal, despite requests and ample opportunity to do so. The applicant's explanation that COVID-19 prevented them from obtaining the assessment was not accepted, particularly given the time elapsed and the relatively low impact of lockdowns in Perth. Furthermore, the applicant confirmed they were currently working in an occupation unrelated to their nominated skilled occupation and had not worked in that nominated field since 2022.

Consequently, the Tribunal concluded that the applicant failed to satisfy the essential criteria for the grant of the Subclass 485 visa. Accordingly, the Tribunal affirmed the original decision not to grant the visa.