Jiang (Migration)

The Administrative Appeals Tribunal considered an application for review by Ms. Jiang concerning the refusal of her Skilled (Provisional) (Class VC) visa, Graduate Work stream. The primary issue was whether Ms. Jiang met the criteria for this visa subclass, specifically those relating to skills assessment for her nominated occupation of Accountant (General).

The Tribunal was required to determine whether Ms. Jiang's visa application, as lodged, was accompanied by sufficient evidence that she had applied for a skills assessment by a relevant assessing authority, as mandated by clause 485.223 of Schedule 2 to the Migration Regulations. This clause requires evidence of an application for a skills assessment for the nominated skilled occupation by a relevant assessing authority at the time the visa application was made.

The Tribunal reasoned that while Ms. Jiang nominated Accountant (General) as her skilled occupation and provided a reference number for a skills assessment application within her visa application, this was not considered sufficient evidence to satisfy clause 485.223. The Department had requested further information, including a certified copy of the skills assessment, and despite extensions, this was not provided. The Tribunal noted that simply including a reference number or receipt number in the application was not equivalent to providing the required evidence of the application itself. Although a positive skills assessment was later provided to the Tribunal, it was dated after the visa application was lodged and the delegate's decision was made.

Consequently, the Tribunal found that Ms. Jiang did not satisfy the criteria for the grant of the Subclass 485 visa. The decision under review, which refused the visa, was therefore affirmed.