Kamel (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work Stream, by Mr Kamel. The applicant sought review of a decision concerning his eligibility for the visa. The central dispute revolved around whether the applicant had met the requirement to have applied for a skills assessment for his nominated occupation, Civil Engineer, at the time of lodging his visa application. The decision was made by Catherine Carney-Orsborn.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.223 of Schedule 2 to the Migration Regulations 1994, which mandates that a visa application must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. The applicant had answered "no" to this question on his application form, which, on its face, meant he did not meet this criterion. The Tribunal also considered whether the applicant met the requirements of clause 485.231, relating to the post-study stream.

The Tribunal found that while the applicant had answered "no" to the skills assessment question, this was due to an inadvertent mistake. The applicant provided credible oral evidence, supported by documentary evidence on the Department's and Tribunal's files, indicating that he had, in fact, met the requirements for the post-study stream at the time of his application. The Tribunal was satisfied that the applicant's intention was to apply for the post-study stream and that he had supplied all necessary information for this purpose. Given the applicant's demonstrated intention and the corroborating evidence, the Tribunal concluded that the applicant met the requirements of clause 485.231.

Consequently, the Tribunal remitted the applicant's visa application for reconsideration by the Minister, with a direction that the applicant meets the criterion specified in clause 485.231 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.