Guzman Mahecha (Migration)

The Administrative Appeals Tribunal considered the case of Guzman Mahecha concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically focusing on the assessment of their skills for their nominated occupation.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 485.224 of Schedule 2 to the Regulations, which mandates a skills assessment by a relevant authority within the last three years, with the assessment period not having expired. This clause is particularly relevant when the skills assessment is based on a qualification obtained in Australia while the applicant held a student visa. The applicant had nominated the occupation of Accountant (General) and sought a skills assessment from CPA Australia Pty Ltd.

The Tribunal noted that CPA Australia initially found the applicant not to be academically suitable for migration as an Accountant (General) because she had not completed the competency area of Business Law. However, the applicant subsequently enrolled in and completed a Business Law subject at MIT, leading to a successful skills assessment outcome from CPA Australia in August 2020. The Tribunal was satisfied that the applicant had ultimately met the requirements of clause 485.224.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria for the Subclass 485 visa, with a direction that the applicant meets the skills assessment requirement under clause 485.224.