Maradapu (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, specifically the Graduate Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The central dispute revolved around whether the applicant had satisfied the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which pertain to skills assessments for nominated skilled occupations.

The primary legal issues before the Tribunal were whether the applicant had applied for a skills assessment by a relevant assessing authority, as required by clause 485.223, and whether the applicant had intended to apply under the Graduate Work stream or the Post-Study Work stream. The applicant had answered "No" to the question regarding a skills assessment application on their online form.

The Tribunal reasoned that the applicant's negative response to the skills assessment question, coupled with their oral evidence of limited immigration knowledge and a genuine intention to apply under the Post-Study Work stream (which does not require a skills assessment), indicated that the applicant did not satisfy clause 485.223. However, the Tribunal was persuaded by the applicant's evidence that they had always intended to apply under the Post-Study Work stream. Consequently, the Tribunal found that the applicant met clause 485.231. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets clause 485.231.