Lim (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around whether the applicant had satisfied the requirements for a skills assessment for the nominated occupation of Accountant.

The Tribunal was required to determine whether the applicant had met the criteria under clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which pertain to the applicant's skills in relation to their nominated skilled occupation. Specifically, the Tribunal had to consider whether, at the time of the visa application, the applicant had applied for a skills assessment by a relevant assessing authority for the nominated occupation, as required by clause 485.223.

The Tribunal noted that the applicant had nominated Accountant as their skilled occupation, for which CPA Australia was a relevant assessing authority. While the applicant had answered "no" to the question on the visa application form regarding whether they had applied for a skills assessment, they later provided a letter from CPA Australia indicating their application was received on 20 August 2016, the day after the visa application was lodged. The applicant's representative submitted that the applicant had incorrectly identified the Graduate Work stream, intending to apply for the Post Study Work stream. The applicant also stated they had lodged the visa application themselves and did not realise they had applied for the wrong stream, believing they did not require a skills assessment at that time. The Tribunal found that, based on the evidence, the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.