ARRIAGA ALVAREZ (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream, brought before the Administrative Appeals Tribunal. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. The central dispute revolved around whether the applicant had met these specific visa requirements.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant had provided evidence of applying for a skills assessment by a relevant assessing authority for their nominated occupation at the time of the visa application, as required by clause 485.223. Secondly, the Tribunal had to ascertain whether the applicant's skills had been assessed as suitable for the nominated occupation by a relevant assessing authority within the preceding three years, and if that assessment was based on an Australian qualification obtained while holding a student visa, whether that qualification resulted from studying a registered course, as stipulated by clause 485.224.

The Tribunal reasoned that the applicant had nominated the occupation of Accountant, which is a specified skilled occupation, and Chartered Accountants Australia and New Zealand (CA) is the relevant assessing authority for this occupation. The evidence presented demonstrated that the applicant had applied for a skills assessment with CA, thus satisfying clause 485.223. Furthermore, the Tribunal found that the applicant had provided a skills assessment from CA dated 9 July 2019, confirming their suitability for the occupation of Accountant within the relevant timeframe, thereby meeting clause 485.224. The Tribunal concluded that the applicant met these specific criteria.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.