Chum (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream, made by an applicant who nominated the occupation of Accountant (General). The central dispute concerned whether the applicant had satisfied the criteria relating to a skills assessment from a relevant assessing authority, as required for the Graduate Work stream.

The Tribunal was required to determine whether the applicant had provided evidence of having applied for a skills assessment from a relevant assessing authority at the time of lodging the visa application, as mandated by clause 485.223 of Schedule 2 to the Regulations. Additionally, the Tribunal considered whether the applicant's stated intention to apply for a different visa stream, specifically the Post-Study Work stream which does not require a skills assessment, constituted a genuine mistake in her application.

The Tribunal found that the applicant had declared "no" to having applied for a skills assessment on her online application form. However, during the hearing, the applicant explained that she had intended to apply for the Post-Study Work stream, believing she was eligible due to her Bachelor's degree completion, and that she had not sought migration assistance when completing the application. She stated it was a genuine mistake to select the Graduate Work stream, which necessitated a skills assessment she had not obtained. Based on this explanation, the Tribunal concluded that the applicant met the requirements of clause 485.231(1) of Schedule 2 to the Regulations.

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 485.231(1) of Schedule 2 to the Regulations.