Ho (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 Temporary Graduate visa in the Graduate Work stream. The primary dispute concerned whether the applicant met the essential criteria for this visa, specifically those relating to skills assessment for their nominated occupation as a Registered Nurse.

The Tribunal was required to determine if the applicant had satisfied the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations. These clauses mandate that an applicant's skills for their nominated occupation must have been assessed as suitable by a relevant authority within the last three years, and that such assessment must not have expired. The Tribunal also considered whether to grant an adjournment to allow the applicant further time to obtain the necessary skills assessment.

The applicant had nominated Registered Nurse as their occupation and applied for a skills assessment with the Australian Nursing and Midwifery Accreditation Council (ANMAC). However, to obtain this assessment, registration with the Australian Health Practitioners Regulation Agency (AHPRA) was a prerequisite. The applicant had been unable to maintain their AHPRA registration due to failing to demonstrate the required level of English language proficiency, despite multiple attempts at English language tests. The Tribunal considered the applicant's history, previous extensions granted, and the statutory direction to conduct reviews in a manner that is fair, just, economical, informal, and quick, ultimately concluding that an adjournment would not be reasonable in the circumstances.

Consequently, the Tribunal affirmed the decision not to grant the Subclass 485 visa to the first applicant, as they had not met the primary criteria. As a result, the second applicant, who was a secondary applicant and dependent on the first applicant satisfying the primary criteria, also failed to meet the requirements. The Tribunal noted it lacked jurisdiction regarding a third applicant.