Clark (Migration)

The Administrative Appeals Tribunal considered the applications of Mr and Mrs Clark for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The dispute concerned whether the primary applicant, Mr Clark, met the criteria for the visa, specifically in relation to a skills assessment.

The Tribunal was required to determine whether Mr Clark met the criteria under cl.187.223 of Schedule 2 to the Migration Regulations 1994, and whether Mrs Clark met the criteria under cl.187.311 of Schedule 2 to the Regulations. A key issue was the timing of the provision of a skills assessment for Mr Clark.

The Tribunal found that while the skills assessment was not initially provided to the Department, it was subsequently provided to the Tribunal. Applying the relevant regulations, the Tribunal was satisfied that Mr Clark met the criteria under cl.187.223 and that Mrs Clark met the criteria under cl.187.311. Consequently, the Tribunal remitted the applications for reconsideration with a direction that both applicants met the relevant visa criteria.