KAUR (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The central dispute concerned whether the applicant had met the criteria relating to a skills assessment for their nominated occupation, Early Childhood (Pre-Primary School) Teacher.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant's visa application was accompanied by evidence that they had applied for a skills assessment by the relevant assessing authority, as required by clause 485.223 of Schedule 2 to the Regulations. Secondly, the Tribunal had to ascertain whether the applicant's skills for the nominated occupation had been assessed as suitable by the relevant assessing authority within the preceding three years, in accordance with clause 485.224 of Schedule 2 to the Regulations.

The Tribunal found that the applicant had satisfied the requirements of clause 485.223, as evidence of an application for a skills assessment from the Australian Institute for Teaching and School Leadership (AITSL) was provided with the visa application. However, the Tribunal determined that the applicant had not satisfied clause 485.224. While AITSL had commenced an assessment, it had also requested a certified copy of the applicant's International English Language Test System (IELTS) results, with specific scores required for reading, speaking, and listening. The applicant had not provided evidence of successfully completing this further requirement, meaning their skills had not been assessed as suitable by the relevant authority.

Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 485 visa. The decision under review, which was not to grant the visa, was therefore affirmed.