Huang (Migration)

The Administrative Appeals Tribunal considered an application by Mr Huang for a Subclass 485 (Temporary Graduate) visa, Graduate Work stream. The primary issue before the Tribunal was whether Mr Huang had satisfied the criteria for the visa concerning his skills assessment for the nominated occupation of Registered Nurse.

The Tribunal was required to determine whether Mr Huang had met the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. These clauses mandate that an applicant for this visa must have applied for a skills assessment by a relevant assessing authority for their nominated skilled occupation and, at the time of application, provided evidence of this. The relevant assessing authority for a Registered Nurse is the Australian Nursing and Midwifery Accreditation Council (ANMAC).

The Tribunal noted that Mr Huang had indicated an application for an ANMAC skills assessment in his visa application and provided a reference number. However, the Department requested further evidence of this assessment, which Mr Huang failed to provide within the specified timeframe, leading to a delegate's refusal of the visa. Subsequently, the Tribunal also requested a positive skills assessment. In response, Mr Huang provided a determination from ANMAC dated 21 June 2019, which was issued after the delegate's refusal. The Tribunal found that this document satisfied the requirements of clauses 485.223 and 485.224.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with the direction that Mr Huang had met the criteria specified in clauses 485.223 and 485.224 of Schedule 2 to the Regulations.