Amini v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, a citizen of Iran, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her Skilled (Provisional) (Class VC) (Subclass 485) visa application. The applicant had nominated Electronics Engineer as her skilled occupation but provided a skills assessment from Engineers Australia for the occupation of Engineering Technologist. The delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused the visa on the basis that the skills assessment was not for the nominated occupation, a requirement under clause 485.224 of the Migration Regulations 1994.

The AAT was required to determine whether the applicant satisfied the primary criteria for the visa, specifically clauses 485.223 and 485.224 of the Regulations. Clause 485.223 required evidence of an application for a skills assessment for the nominated occupation, while clause 485.224 mandated that the applicant's skills must have been assessed by a relevant authority as suitable for that nominated occupation. The AAT had found that the applicant satisfied clause 485.223 by providing evidence of her application for a skills assessment.

The court found that the AAT had correctly applied the law. While the applicant had applied for a skills assessment for Electronics Engineer, the assessment provided by Engineers Australia, and confirmed by an informal review, found her skills suitable for the occupation of Engineering Technologist, not Electronics Engineer. The AAT correctly concluded that this did not satisfy clause 485.224, as the assessment was not for the nominated occupation. The court noted that the AAT had no discretion to waive this criterion, and the applicant's disagreement with the legislative requirements did not constitute an error on the part of the Tribunal. The application for judicial review was dismissed.