LAU (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, brought before the Tribunal. The applicant had nominated the occupation of Accountant (General) 221111. The central dispute revolved around whether the applicant met the requirements of clause 485.224 of Schedule 2 to the Migration Regulations 1994, specifically concerning a suitable skills assessment for their nominated occupation.

The Tribunal was required to determine two key issues. Firstly, whether the applicant had been assessed as suitable for the nominated occupation by a relevant assessing authority within the last three years, and if so, whether that assessment had expired. Secondly, if the skills assessment was based on a qualification obtained in Australia while the applicant held a student visa, the Tribunal had to ascertain whether that qualification was obtained as a result of studying a registered course.

The Tribunal found that the applicant had provided a skills assessment from CPA Australia, dated 29 December 2014, which deemed their qualifications suitable for the nominated occupation. This assessment did not specify a validity period and was within the three-year timeframe. Furthermore, the Tribunal was satisfied that the applicant's Australian qualifications, a Master of Professional Accounting from the University of Canberra and a Master of Economics from the University of Sydney, were obtained while holding student visas and were the result of studying registered courses, as defined by the regulations.

Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.224. The application was remitted to the Minister for reconsideration of the remaining visa criteria, with the direction that the applicant had satisfied this specific clause.