Candalera (Migration)

This matter concerned an application for a Skilled Nominated (Permanent) (Class SN) visa, Subclass 190, by the applicant, Candalera. The applicant sought review of a decision by the Department of Home Affairs to refuse her visa application. The nominated occupation was Registered Nurse (Perioperative).

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 190.212 of Schedule 2 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if, at the time of invitation to apply for the visa, the applicant’s skills had been assessed as suitable by the relevant assessing authority, the Australian Nursing and Midwifery Accreditation Council (ANMAC).

The Tribunal noted that clause 190.212 requires a skills assessment to have been completed prior to the invitation to apply. The applicant had lodged an application for a skills assessment with ANMAC on 5 December 2016, and received an invitation to apply for the Subclass 190 visa on 16 January 2017. However, ANMAC did not issue a letter confirming the applicant’s skills were assessed as suitable until 25 May 2017, which was after the invitation date. The applicant admitted on the visa application form that she had answered "Yes" to having a suitable skills assessment and listed the date as 5 December 2016, but later clarified that this date referred to the submission of her application for assessment, not the final assessment itself.

Consequently, the Tribunal found that the applicant had not met the mandatory requirement of having a skills assessment completed by the relevant authority at the time of invitation. As the primary criteria were not met, the Tribunal affirmed the decision not to grant the visa.