Eneji (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant, Mr Eneji, had failed to satisfy the primary criteria for this visa, specifically cl.485.223 and 485.224 of Schedule 2 to the Regulations, which require evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. The applicant had responded "No" to the question on the application form regarding whether he had applied for such an assessment. The Administrative Appeals Tribunal (the Tribunal) considered the applicant's claims and evidence.

The central legal issue before the Tribunal was whether the applicant had substantially complied with the requirements of the visa, particularly in light of a claimed mistake by his migration agent. The applicant contended that he had intended to apply for the Post-Study Work stream of the Subclass 485 visa, not the Graduate Work stream, and that his migration agent had mistakenly lodged the application for the incorrect stream. This mistake, the applicant argued, led to the omission of the required skills assessment evidence.

The Tribunal accepted the submission from the applicant's representative that she had made an error in applying for the Graduate Work stream instead of the Post-Study Work stream, stating it was her fault as a new agent. The Tribunal found that the applicant met the requirements of cl.485.231(1) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with the direction that the applicant met the specified criteria.