Keng (Migration)

This matter concerned an application for a Skilled Independent (Permanent) (Class SI) visa, Subclass 189, by an applicant who nominated the occupation of Accountant (General). The applicant was invited to apply for the visa on 13 March 2020. The delegate of the Minister refused the visa application on the basis that the applicant did not satisfy clause 189.222 of Schedule 2 to the Migration Regulations 1994, which requires a suitable skills assessment from the relevant assessing authority at the time of invitation to apply for the visa. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant possessed a skills assessment that satisfied the requirements of clause 189.222 at the time of the invitation to apply for the visa. This clause mandates that for invitations issued on or after 1 July 2014, the skills assessment must be current and valid at the time of invitation. The Tribunal was required to determine if the skills assessments provided by the applicant, specifically those from Chartered Accountants Australia and New Zealand (CAANZ), met this temporal requirement.

The Tribunal reasoned that while the applicant had provided several assessments from CAANZ, including one dated 31 March 2020, this assessment was issued after the invitation date of 13 March 2020 and was therefore insufficient. However, the Tribunal also noted that the applicant had provided a skills assessment dated 9 May 2016, which was no longer valid at the time of invitation, and employment assessments that did not confirm suitability for the nominated occupation. Despite these findings, the Tribunal concluded that the applicant did satisfy clause 189.222.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 189.222 of Schedule 2 to the Regulations. The Minister was to then consider the remaining criteria for the Subclass 189 visa.