CASTILLO DUCHI (Migration)

The Administrative Appeals Tribunal considered the case of Castillo Duchi concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant sought to satisfy the primary criteria for this visa, specifically within the Graduate Work stream, which relate to the applicant's skills in their nominated occupation. The central dispute revolved around whether the applicant had met these essential skills assessment requirements.

The Tribunal was required to determine if the applicant satisfied the criteria set out in clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 mandates that a visa application must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. Clause 485.224 requires that the applicant's skills for the nominated occupation have been assessed as suitable by a relevant assessing authority within the last three years, and that any validity period for that assessment has not expired.

The Tribunal found that the applicant nominated the occupation of Finance Manager. In their online application lodged on 31 August 2018, the applicant answered "No" to the question regarding whether they had applied to a relevant assessing authority for a skills assessment. Consequently, the Tribunal concluded that the applicant failed to satisfy clause 485.223 as the application was not accompanied by the required evidence. Furthermore, no skills assessment was provided to the Tribunal, meaning clause 485.224 was also not met. As these were the only relevant criteria for the visa subclass in question, the Tribunal affirmed the decision not to grant the applicant the visa.