Anthony (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme), under the Direct Entry stream. The applicant sought to have a decision affirmed that they did not meet the requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 186.234 of the Migration Regulations 1994, specifically concerning the validity period of their skills assessment at the time of application. The applicant also needed to demonstrate the requisite period of employment in the nominated occupation.

The Tribunal found that the applicant did not meet the requirements of clause 186.234(2)(ac) because their skills assessment, issued by VETASSESS on 17 October 2017, was more than three years old at the time the visa application was lodged. Although the applicant later obtained a valid skills assessment in February 2022, this was after the application date. The Tribunal noted that none of the exemptions to the skills assessment requirement applied to the applicant. Consequently, the Tribunal affirmed the decision not to grant the visa. However, the Tribunal requested that the Minister consider the application for the exercise of discretion under section 351 of the Migration Act 1958.