Bullen (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The applicant sought to have a decision affirmed that denied the visa. The core of the dispute revolved around the applicant's failure to meet a specific criterion for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.223 of Schedule 2 to the Migration Regulations 1994. This clause mandates that a visa application for the Graduate Work stream must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. The Tribunal also considered whether the applicant's circumstances warranted referral for Ministerial Intervention, given the applicant's explanation for the omission.

The Tribunal found that the applicant had not applied for a skills assessment from VETASSESS, the relevant assessing authority for the nominated occupation of Valuer, at the time of lodging the visa application. The applicant admitted this was an error, attributing it to reliance on advice from friends and the challenging circumstances of COVID-19 lockdowns. While the applicant subsequently obtained a positive skills assessment, this occurred after the visa application was made and the delegate's decision was issued. The Tribunal noted that the applicant's qualifications suggested the Post-Study Work stream might have been more appropriate.

Ultimately, the Tribunal affirmed the decision not to grant the visa. However, the Tribunal also decided to refer the matter to the Department for consideration under Ministerial Intervention guidelines.