Antonsen (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, by the first-named applicant. The dispute concerned whether the applicant had satisfied the criteria relating to a skills assessment for their nominated occupation.

The Tribunal was required to determine three issues: first, whether the applicant had been assessed as suitable for their nominated occupation by a relevant assessing authority; second, if the assessment was time-limited, whether that period had expired; and third, if the skills assessment was based on an Australian qualification obtained while holding a student visa, whether that qualification resulted from studying a registered course.

The Tribunal found that the applicant had provided a favourable skills assessment from the Australian Association of Social Workers, dated 5 June 2018, which confirmed their suitability for the nominated occupation of Social Worker. This assessment was within the preceding three years and was valid for three years, a period which had not yet ended. The Tribunal noted that the definition of 'registered course' under the *Education Services for Overseas Students Act 2000* was relevant to the third issue, but the provided text does not detail the Tribunal's findings on this specific point.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first-named applicant met the criteria under cl.485.224 of Schedule 2 to the Regulations.